Double Jeopardy - The Court & The DMV

U.S. v Halper (1989), the U.S. Supreme Court ruled that the Federal Constitution's Firth Amendment double Jeopardy Clause prohibits not only multiple prosecution in criminal proceedings, but also prohibits double punishment, regardless of the civil or criminal nature of the proceedings.. Thus the Halper case precludes double punishment, by both the court and the D.M.V., for driving with a BAC of 0.08% or more.

Note that in Ellis v Pierce (1991), the Court of Appeals held that a DMV administrative suspension for chemical test refusal imposed after a court-imposed jail sentence for the same conduct is not violation of Federal Double Jeopardy suspension for chemical test refusal and was not punishment, since it only inhibited drunk driving, and did not deter it.....This Ellis case held only that a chemical test refusal suspension is not punishment . .it said nothing about a suspension for excessive BAC.

Posted Thursday, March 22, 2007
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