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City of Virginia Beach v. Siebert
Citations: 483 S.E.2d 214; 253 Va. 250; 1997 Va. LEXIS 29Docket: Record 961285
Court: Supreme Court of Virginia; February 28, 1997; Virginia; State Supreme Court
Original Court Document: View Document
The case involves an appeal by the City of Virginia Beach regarding a dismissal of a charge against Eric M. Siebert for refusing to submit to a blood or breath alcohol test. The general district court had dismissed the refusal charge, prompting the City to appeal to the circuit court. Siebert moved to dismiss this appeal, arguing that Code 16.1-106 does not grant municipalities the right to appeal such dismissals. The trial court agreed with Siebert and dismissed the City’s appeal. The City contended that since the Supreme Court had previously ruled that municipalities can appeal refusal charge dismissals from circuit court to the Supreme Court, they should also have the right to appeal to the circuit court from general district court dismissals. Additionally, the City cited Code 18.2-268.4, which allows for a jury trial in refusal cases on appeal, as implicit support for their right to appeal. The court recognized that a refusal charge is civil and administrative, thus governed by Code 16.1-106, which outlines appeal rights in civil cases. The court analyzed the interplay between Codes 16.1-106, 8.01-670, and 18.2-268.4, concluding that collectively, these statutes indicate a legislative intent to allow either party to appeal an adverse judgment in refusal cases to the circuit court. Ultimately, Code 16.1-106 provides equal appeal rights to both plaintiffs and defendants in civil cases. If the City lacks a right of appeal to the circuit court in refusal cases, then the defendant similarly would lack that right. However, Code 18.2-268.4 outlines the appeal procedures for refusal cases in circuit courts, suggesting that if neither party can appeal from a general district court's judgment, the statute's provisions would be rendered meaningless. The court emphasizes that statutes should not be interpreted in a way that negates another statute's effect, citing relevant case law. It is noted that without the right to appeal an adverse judgment in refusal cases, a party could not appeal to this Court. The Court acknowledges that both municipalities and the Commonwealth have a right to appeal from the circuit court to this Court in refusal cases, as established by Code 8.01-670(A)(3), which includes those "aggrieved by a final judgment in any other civil case." The interpretation of Code 16.1-106 suggests that it excludes the right of appeal in cases involving insignificant monetary controversies, but refusal cases do not qualify since they do not involve monetary questions. Legislative intent favors allowing appeals in refusal cases, supported further by Code 18.2-268.4, which mandates that the trial procedure for appeals should align with that for misdemeanors, including the requirement for the Commonwealth to prove its case beyond a reasonable doubt. Ultimately, the court concludes that Code 16.1-106 grants the City the right to appeal to the circuit court from an adverse judgment in a refusal case, thereby harmonizing the statutes involved. The trial court's judgment is reversed, and the case is remanded for trial on the refusal charge.