Dui First Offense
 |
 KellyMobleyMcNair Pacific LithoCel Silver Parrallel  US $11.99
|
 People Weekly Magazine January 18 2010 Jersey Shore Charlie Sheen Kate Gosselin US $2.99
|
Virginia Second Offense Guilty Operators License Administratively Suspended DUI Lawyers Attorneys
JAMES EASTER, S/K/A JAMES L. EASTER v. COMMONWEALTH OF VIRGINIA
COURT OF APPEALS OF VIRGINIA
March 7, 2000, Decided
On June 2, 1998, Appellant was arrested for DUI. Appellant's operator's license was administratively suspended for seven days, pursuant to Code § 46.2-391.2. In general district court, although the Commonwealth had evidence of sufficient convictions to amend the charge to a third offense, it agreed to amend the warrant to DUI, second offense, in exchange for a guilty plea. Appellant pled guilty to, and the court convicted him of, DUI, second offense. Appellant later noted his appeal to the circuit court. In circuit court, the court amended the charge to DUI, third offense, over appellant's objection that the amendment violated his double jeopardy and due process rights. Appellant appealed his conviction for drunk driving from the Circuit Court of Lunenburg County (Virginia), asserting double jeopardy for an improper license suspension under Va. Code Ann. § 46.2-391.2(C), and improper amendment of the warrant to third offense on de novo appeal in the circuit court.
Issues:
- Whether the administrative suspension was improper and penal in nature?
- Whether the trial court erred in allowing the Commonwealth to amend the warrant to charge DUI?
Discussion:
Here, the general district court did not acquit appellant of any offense. Acceptance of a guilty plea to a lesser-included offense does not constitute an acquittal of a greater offense. The administrative suspension is civil and remedial, not penal, in nature, for double jeopardy purposes. Appellant avoided prosecution for the greater offense by pleading guilty to a lesser offense, pursuant to a plea agreement. He then breached that agreement by appealing the conviction. Where a appellant pleads guilty pursuant to a plea agreement and receives the agreed upon sentence, an implied term of the agreement is that the appellant will not appeal what he has bargained for and received." Jeopardy did not attach because he did not stand trial for and was not acquitted of DUI, third offense. He did not suffer prosecution after acquittal and, therefore, his double jeopardy rights were not violated. When appellant appealed to the circuit court, he placed himself in the same position as he was prior to the plea agreement in the general district court. Appellant stipulated that the Commonwealth intended to amend the warrant to charge DUI, third offense, in the general district court. By appealing the lower court conviction, appellant found himself without the benefit of his bargain, without acquittal on any greater offense, and with the possibility and reality of being tried for the greater offense of DUI, third offense. Amending the warrant did not violate appellant's due process rights.
This Court affirmed the conviction of driving under the influence, third offense.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content
About the Author
The SRIS Law Group is a law firm with offices in Virginia, Maryland & Massachusetts. The law firm assists clients with criminal/traffic defense, family law, immigration, civil litigation, bankruptcy & military law. The law firm has Virginia offices in Fairfax County, Richmond, Virginia Beach, Loudoun County, Lynchburg County, Prince William County & Fredericksburg, Virginia. The Maryland offices are in Montgomery County & Baltimore. The Massachusetts offices are in Boston & Cambridge. The New York office is in New York City. The North Carolina Office is in Charlotte, NC which is in Mecklenburg County. The California office is in Orange County, CA.
The law firm has more than 11 offices in Virginia, Maryland, Massachusetts, New York, California, North Carolina & India to serve the clients of the SRIS Law Group.