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State v. Nichols5/14/1991
hed here is not inconsistent with this court's decision in Taylor v. Sherrill, supra. In Taylor, we found that default judgments for civil traffic violations for unsafe turning and speeding placed the defendant in jeopardy and therefore precluded a subsequent criminal prosecution for aggravated assault and criminal damage arising out of the same conduct. This court determined that " he sanctions that flow from violating the speeding and unsafe turning laws are clearly intended to deter the offender and other drivers from committing such infractions and to promote retribution." 166 Ariz. at 363, 802 P.2d at 1062. We added that when a driver accumulates a certain number of such violations, suspension or revocation of the driver's license may result. This consequence, we said, could "hardly be characterized as remedial." Id. This language was obiter dictum, which we now disavow. We acknowledge
that suspending or revoking the license of one who repeatedly violates civil traffic laws, like the automatic suspension of the license of one who is determined to be presumptively intoxicated, may be punitive from the viewpoint of the license holder, but is primarily remedial; its purpose is to remove from our highway drivers who are a danger to the public.
We conclude that Layne's double jeopardy rights are not violated by prosecuting him for driving while under the influence of alcohol under A.R.S. § 28-692 after his license has been suspended for 90 days under § 28-694. The superior court's reversal of the city court's denial of Layne's motion to dismiss the DUI prosecution is, therefore, reversed and this matter is remanded for further proceedings.
Judges Footnotes
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