Brame v. Commonwealth
Supreme Court of Virginia
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
- United States v. HalperSupreme Court of the United States · 1989
- Austin v. United StatesSupreme Court of the United States · 1993
- Helvering v. MitchellSupreme Court of the United States · 1938
- United States v. UrserySupreme Court of the United States · 1996
- Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
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3Cited by17 opinions
- Commonwealth v. SoutherlySupreme Court of Virginia · 2001
- Highsmith v. CommonwealthCourt of Appeals of Virginia · 1997
- Corbin v. CommonwealthCourt of Appeals of Virginia · 2004
- Kim v. CommonwealthSupreme Court of Virginia · 2017
- Nicely v. CommonwealthCourt of Appeals of Virginia · 1996
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