Legal Opinion
Depsky v. Commonwealth
Court of Appeals of Virginia
Decided October 9, 2007No. 1546062PublishedCited by 2 opinions
1Opinion of the Court
CLEMENTS, Judge.
Judith Ann Depsky (appellant) was convicted in a bench trial in the Circuit Court of Chesterfield County (trial court) of driving under the influence (DUI), in violation of Code § 18.2-266. On appeal, she contends the trial court erred in ruling her conviction for DUI, after her privilege to drive in Virginia had been suspended pursuant to the sixty-day suspension provision in Code § 46.2-391.2 for the same offense, did not violate the constitutional prohibition against double jeopardy. Finding no error, we affirm the trial court’s judgment and appellant’s conviction.
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2Cases cited21 opinions
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- United States v. HalperSupreme Court of the United States · 1989
- Flemming v. NestorSupreme Court of the United States · 1960
- Hudson v. United StatesSupreme Court of the United States · 1997
- Helvering v. MitchellSupreme Court of the United States · 1938
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3Cited by2 opinions
- State v. BurnellSupreme Court of Connecticut · 2009
- Settle v. CommonwealthCourt of Appeals of Virginia · 2009