 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Lomas4/2/1998
Reversed and remanded.
FACTS
On January 21, 1995, Daniel Lomas was involved in a two-vehicle collision at the intersection of North McCarran Boulevard and Seventh Street in Reno. The driver of the other car was injured in the accident. Shortly after the accident, police officers apprehended Lomas and administered a test to determine his blood alcohol content. Three blood draws revealed blood alcohol levels of .211, .201, and .188. The state charged Lomas with four felony counts: driving under the influence of alcohol; driving while having 0.10 percent or more by weight of alcohol in the blood; having a blood alcohol content of 0.10 percent by weight of alcohol in the blood within two hours of driving; and leaving the scene of an accident involving personal injury .
In February 1995, the Department of Motor Vehicles and Public Safety ("DMV") notified Lomas that, due to the results of the evidentiary chemical test showing that Lomas had been driving with a blood alcohol content of 0.10 percent or more, his driver's license would be revoked for ninety days. See NRS 484.385.
In July 1995, Lomas signed a waiver of his right to a preliminary examination in the criminal case. The waiver contained a plea agreement whereby Lomas agreed to plead guilty to the charge of driving under the influence in exchange for: (1) leave to file a motion to dismiss the charge of driving under the influence on double jeopardy grounds, and (2) the prosecution's promise to drop all other charges. One month later, Lomas appeared in district court and entered a plea of not guilty. Trial was set for November 1995.
Prior to trial, Lomas filed a motion to dismiss his case on the ground that, because he had already been punished by having his driver's license revoked, a criminal conviction would violate federal and state constitutional prohibitions against double jeopardy. The state opposed the motion. In January 1995, the district court dismissed the case, finding that double jeopardy barred the criminal prosecution because the DMV had previously revoked Lomas' driver's license.
The state timely appealed from the district court's order of dismissal. We conclude that, under the United States Supreme Court's recent decision in Hudson v. United States,___ U.S. ___ 118 S. Ct. 488 (1997), the district court clearly erred by dismissing the charges against Lomas. Therefore, we reverse the district court's order.
Discussion
The Double Jeopardy Clause of the Fifth Amendment of the United States Constitution provides that no person shall be "subject for the same offence to be twice put in jeopardy of life or limb." U.S. Const. amend. V. This protection applies to the states through the Fourteenth Amendment, Benton v. Maryland, 395 U.S. 784, 794 (1969), and has been incorporated into the Nevada Constitution. See Nev. Const. art. 1, § 8, cl. 1.
The Double Jeopardy Clause protects against three abuses: (1) a second prosecution for the same offense after acquittal, (2) a second prosecution for the same offense after conviction, and (3) multiple punishments for the same offense. North Carolina v. Pearce, 395 U.S. 711, 717 (1969).
The prohibition against multiple punishments prevents the government from "punishing twice, or attempting a second time to punish criminally, for the same offense." Witte v. United States, 515 U.S. 389, 396 (1995) (quoting Helvering v. Mitchell, 303 U.S. 391, 399 (1938) (emphasis in Witte)). It has long been recognized, however, that the clause "does not prohibit the imposition of any additional sanction that could, "'in common parlance,"' be described as punishment." See Hudson, ___ U.S. at ___ 118 S.
Page 1 2 3 4 Nevada DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|