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MURPHY v. COM. OF VIRGINIA

Civ. A. No. 95-936-A.

896 F.Supp. 577 (1995)

James T. MURPHY, Plaintiff, v. COMMONWEALTH OF VIRGINIA, et al., Defendants.

United States District Court, E.D. Virginia, Alexandria Division.

August 17, 1995.

Attorney(s) appearing for the Case

John K. Zwerling, Joel B. Simberg, Moffitt Zwerling & Kemler, P.C., Alexandria, VA, for plaintiff.

John Klock, Commonwealth's Attorney, Erik Barnett, Assistant Commonwealth's Attorney, Alexandria, VA, for the Commonwealth's Attorney Office of the City of Alexandria.

James Gilmore, Attorney General, Peter R. Messitt, Senior Assistant Attorney General, Richmond, VA, for the Attorney General's Office of the Commonwealth of Virginia.

MEMORANDUM OPINION

ELLIS, District Judge.

In this habeas corpus proceeding, James T. Murphy ("Murphy") seeks a federal injunction, on double jeopardy grounds, to halt a state prosecution against him for driving while intoxicated ("DWI"). More specifically, Murphy, whose license was administratively suspended for seven days pursuant to Virginia's automatic license suspension ("ALS") statute, claims that...

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