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Tip: Double jeopardy in DUIs? (access required)

Virginia’s new administrative suspension statute may offer a blessing in disguise for DUI defendants: a dismissal of criminal charges. Attorneys are arguing that suspending a driver’s license for a DUI offense and then trying the driver in a criminal case ...

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Discovery available through license-suspension hearing (access required)

ALEXANDRIA–The new administrative suspension statute can offer a few other opportunities for defense attorneys, besides a potential double jeopardy defense. The suspension hearing can be a great source of discovery, according to F. Andrew Carroll III. He spoke at a ...

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Shared custody: child's overnight stay not a "day" (access required)

A daughter’s mid-week overnight visitation with her father does not count as a “day” in determining whether the father had “shared custody” of the daughter, the Virginia Court of Appeals has ruled in an unpublished opinion. In a 2-1 decision, ...

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Wife gets marital home, then loses it to trustee (access required)

When a divorce judge gave a wife a fee simple interest in the marital home, the property became available to pay debts in her ongoing bankruptcy, a federal judge in Alexandria has ruled. The home had been held by the ...

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Bar exam mental-health query struck under ADA (access required)

The Virginia Board of Bar Examiners can no longer ask bar applicants whether they have been “treated or counseled” for a “mental, emotional or nervous disorder” under a federal ruling from Alexandria. The question violates the Americans with Disabilities Act, ...

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Overton gains Appeals seat (access required)

The General Assembly elected Hampton Circuit Judge Nelson T. Overton to the Virginia Court of Appeals before legislators headed home Feb. 25. Overton’s selection was a compromise, as Democrats in the House and Senate initially failed to agree on a ...

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News in Brief for March 6, 1995 (access required)

Hampton Circuit judge fills 2nd Appeals seat On the day it adjourned, the General Assembly broke a deadlock over a Court of Appeals vacancy and elevated Hampton Circuit Court Judge Nelson T. Overton to the court. The legislature also elected ...

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Dad's assets may be tapped for support (access required)

In calculating child and spousal support, a judge should not impute income to a lawyer who went to jail and lost his license, the Virginia Court of Appeals has ruled. Although the lawyer once had earned nearly a million dollars ...

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Lower earning power does not reduce support (access required)

The Court of Appeals refused to impute income to the lawyer who lost his license in the L.C.S. case above, finding it “impossible” for him to maintain his previous level of income. But in another case, a father whose earning ...

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