Legal Opinion

Dennis Brodsky v. State of Arizona

Court of Appeals of Arizona

Decided April 18, 2008No. 2 CA-CV 2007-0117Published

1Opinion of the Court

OPINION

VÁSQUEZ, Judge.

¶ 1 Appellant Dennis Brodsky appeals from the superior court’s denial of relief in a special action challenging the Tucson City Court’s refusal to dismiss his driving under the extreme influence of intoxicating liquor (extreme DUI) charge on double jeopardy grounds. He contends the administrative seizure and impoundment of his vehicle pursuant to A.R.S. § 28-3511 following his arrest constitutes punishment barring further prosecution of the underlying DUI offense. For the following reasons, we affirm.

Facts and Procedural Background

f 2 When reviewing the superior court’s…

2Cases cited20 opinions

  1. United States v. DixonSupreme Court of the United States · 1993
  2. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  3. United States v. HalperSupreme Court of the United States · 1989
  4. United States v. ScottSupreme Court of the United States · 1978
  5. Flemming v. NestorSupreme Court of the United States · 1960

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