Legal Opinion

Brame v. Commonwealth

Supreme Court of Virginia

Decided September 13, 1996No. Record 952340PublishedCited by 17 opinions

1Opinion of the CourtChief Justice Carrico

This appeal presents two questions, (1) whether the judicial suspension of a person’s operator’s license for one year based upon his refusal to submit to a blood or breath test when he has already suffered a seven-day administrative suspension for the same refusal violates the constitutional prohibition against double jeopardy, and (2) whether application of the seven-day administrative suspension statute to the defendant in this case results in a denial of due process. Finding that the trial court did not err in answering both these questions in the negative, we will affirm.

The seven-day…

2Cases cited27 opinions

  1. United States v. HalperSupreme Court of the United States · 1989
  2. Austin v. United StatesSupreme Court of the United States · 1993
  3. Helvering v. MitchellSupreme Court of the United States · 1938
  4. United States v. UrserySupreme Court of the United States · 1996
  5. Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994

22 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Commonwealth v. SoutherlySupreme Court of Virginia · 2001
  2. Highsmith v. CommonwealthCourt of Appeals of Virginia · 1997
  3. Corbin v. CommonwealthCourt of Appeals of Virginia · 2004
  4. Kim v. CommonwealthSupreme Court of Virginia · 2017
  5. Nicely v. CommonwealthCourt of Appeals of Virginia · 1996

12 more not listed; retrieve them via the Exa API.

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