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State v. Nichols5/14/1991
The State of Arizona seeks special action relief from the Superior Court's order granting real party in interest Michael Layne special action relief from the Tucson City Court's denial of his motion to dismiss a charge of driving while under the influence of alcohol (DUI). The superior court concluded that the DUI proceeding subjected Layne to double jeopardy in light of the prior suspension of his license under A.R.S. § 28-694. Because this is a matter of statewide importance, relating to legal as opposed to factual issues, University of Arizona Health Sciences Center v. Superior Court, 136 Ariz. 579, 667 P.2d 1294 (1983), and because we find that the superior court has acted in excess of its legal authority, we accept jurisdiction and grant relief. Ariz.R.P.Spec. A. 3, 17B A.R.S.
FACTS AND PROCEDURAL BACKGROUND
Layne was arrested for DUI in August 1990. Two breath tests were administered, the results of which showed that Layne had a blood alcohol content (BAC) of either .123% or .118%. His driver's license was therefore automatically suspended for 90 days pursuant to A.R.S. § 28-694.
Layne requested and received an administrative hearing, after which the suspension of his license was sustained. He then moved to dismiss the DUI charge in Tucson City Court, claiming the proceeding violated his right against double jeopardy as he had already been prosecuted and punished for the same conduct. The motion was denied. Layne then sought and was granted special action relief in superior court. In reversing the city court, the superior court concluded that it was bound by this court's decision in Taylor v. Sherrill, 166 Ariz. 359, 802 P.2d 1058 (App.1990). This special action followed.
The issue presented is whether the double jeopardy clause of the Fifth Amendment of the United States Constitution bars a criminal prosecution for DUI against one whose driver's license has been suspended under A.R.S. § 28-694 as a consequence of the same conduct forming the basis for the DUI charge. For the reasons stated below, we conclude that it does not. We therefore reverse.
LICENSE SUSPENSION PROCEEDINGS UNDER A.R.S. § 28-694 ARE NOT A PROSECUTION FOR PURPOSES OF THE DOUBLE JEOPARDY CLAUSE
In North Carolina v. Pearce, 395 U.S. 711, 717, 89 S.Ct. 2072, 2076, 23 L.Ed.2d 656, 664-65 (1969), the Supreme Court held that the double jeopardy clause of the Fifth Amendment to the United States Constitution "protects against a second prosecution for the same offense after acquittal . . . a second prosecution for the same offense
after conviction . . . nd . . . multiple punishments for the same offense." With regard to successive prosecutions, the Supreme Court held in Grady v. Corbin, 495 U.S. 508, 521, 110 S.Ct. 2084, 2093, 109 L.Ed.2d 548, 564 (1990), as follows:
he Double Jeopardy Clause bars any subsequent prosecution in which the government, to establish an essential element of an offense charged in that prosecution, will prove conduct that constitutes an offense for which the defendant has already been prosecuted . . . .
We do not believe that the automatic suspension of the driver's license of a person whose blood or breath alcohol concentration is determined to be .10 percent or greater under A.R.S. § 28-694 or the subsequent administrative hearing on that issue are prosecutions for double jeopardy purposes.
Based on Pearc
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