Legal Opinion

Colby v. State

District Court of Appeal of Florida

Decided June 26, 1996No. Nos. 95-1753, 95-1757, 95-2517 and 95-2883Published

1Opinion of the Court

PARIENTE, Judge.

In this certiorari proceeding, petitioners seek review of the circuit court’s denial of their petitions for writs of prohibition following the county court’s denial of their motions to dismiss their DUI charges on grounds of double jeopardy. Our standard of review is a limited one. See Haines City Community Dev. v. Heggs, 658 So.2d 523 (Fla.1995). We deny the petition because the double jeopardy clause does not preclude DUI prosecution of offenders who previously had their driving privileges suspended pursuant to section 322.2615, Florida Statutes (1995). See State v. Henn,…

2Cases cited2 opinions

  1. Haines City Community Dev. v. HeggsSupreme Court of Florida · 1995
  2. State v. HennDistrict Court of Appeal of Florida · 1995

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