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NCJ Number: 155832 Find in a Library
Title: Is Suspension of Drivers' Licenses in Jeopardy?
Journal: Prosecutor  Volume:29  Issue:3  Dated:(May-June 1995)  Pages:24-26
Author(s): D T Gilbert; J A Stephen
Date Published: 1995
Page Count: 3
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: This article discusses the possibility that prosecutors will no longer be able to bring criminal charges against drunk drivers who lose their drivers' licenses because this would violate the double jeopardy clause of the Fifth Amendment.
Abstract: Criminal lawyers across the country have been filing motions to dismiss criminal charges, based on the U.S. Supreme Court decision in Department of Revenue of Montana v. Kurth Ranch. In this case, a Montana statute imposed a tax on the possession and storage of illegal drugs after the defendants had already been arrested and prosecuted for growing marijuana. The critical issue in this case was whether the Montana law was intended to punish the offender for the same offense; since the assessed tax was not equivalent to the costs associated with investigating and prosecuting the case, and since the tax was not assessed for the purpose of raising revenue, the Court ruled that its intent was retributive. However, the authors argue that, in the case of taking away a drunk driver's license, the intent remedial in that it aims to protect the public and any punishment it imposes is immaterial. 18 notes
Main Term(s): Drug law enforcement
Index Term(s): Driving Under the Influence (DUI); Driving without a license; Right against double jeopardy; US Supreme Court decisions
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