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State can't indict twice (access required)

The Fairfax commonwealth’s attorney cannot pursue a direct indictment of a defendant who successfully used the DUI double-jeopardy defense last summer, a Fairfax Circuit judge has ruled. A new indictment for the same incident is barred by res judicata, he ...

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Refusal case may revive DUI defense (access required)

The Virginia Supreme Court will have an opportunity to consider whether the administrative suspension of a driver’s license can give rise to double jeopardy. Earlier this month, the high court refused to hear an appeal in Commonwealth v. Tench, a ...

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