Janes v. State

WILNER, Judge.

The issue before us is collateral estoppel—whether the State is precluded from prosecuting appellant, Vincent Janes, for driving while intoxicated and other related offenses because, in an earlier proceeding before the Motor Vehicle Administration (MVA), conducted to determine whether Janes’s driver’s license should be suspended by reason' of his refusal to take a breath test, an administrative law judge determined that Janes was not driving the vehicle. We shall hold that the State is not precluded from proceeding with the criminal case.

RELEVANT STATUTORY FRAMEWORK

There are…