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NICELY v. COM.

Record Nos. 1332-95-3, 1334-95-3.

477 S.E.2d 11 (1996)

23 Va. App. 327

Gregory Scott NICELY v. COMMONWEALTH of Virginia. Antonia Scott VIA v. COMMONWEALTH of Virginia.

Court of Appeals of Virginia, Salem.

October 22, 1996.

Attorney(s) appearing for the Case

Dabney L. Pasco (Jeanne M. Hepler; Pasco & Dascher, P.C., on briefs), Covington, for appellants.

H. Elizabeth Shaffer, Assistant Attorney General (James S. Gilmore, III, Attorney General, on briefs), for appellee.

Present: FITZPATRICK and OVERTON, JJ., and HODGES, Senior Judge.

FITZPATRICK, Judge.

Gregory Scott Nicely and Antonia Scott Via (appellants) were arrested for driving while intoxicated in violation of Code § 18.2-266, and their driver's licenses were suspended for seven days pursuant to Code § 46.2-391.2. The dispositive issue in both cases is whether the trial court erred in finding that it had no jurisdiction to consider an appeal of the seven-day suspension of each appellant's

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