Cummings v. Commonwealth

WILLIS, Judge.

On appeal from her conviction for driving while intoxicated, a third offense within five years, Valerie Cummings contends (1) that her conviction violated the prohibition against double jeopardy, and (2) that the Commonwealth was collaterally estopped from prosecuting her for driving while intoxicated (DWI) because at an administrative license suspension hearing, the district court found no probable cause for her arrest. We disagree and affirm the judgment of the trial court.

On August 7, 1995, Ms. Cummings was arrested for driving while intoxicated “2nd or subsequent offense,”…