Legal Opinion
State v. McMaster
Wisconsin Supreme Court
Decided December 13, 1996No. 95-1159-CRPublishedCited by 12 opinions
1Opinion of the CourtDonald W. Steinmetz, J.
The issue in this case is whether the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution prohibits the criminal prosecution of the defendant for violations of Wis. Stat. §§(346.63 1 and 346.65, 2 subsequent to the administrative suspension of his driving privileges under Wis. Stat. § 343.305(7) and (8). 3 We hold that the criminal prosecution of the defendant after the administrative suspension of his driving privileges is permitted because we find that the primary purpose of Wis. Stat. § 343.305 is remedial.
There is no dispute over the facts in this case. On July…
2Cases cited39 opinions
- United States v. HalperSupreme Court of the United States · 1989
- Austin v. United StatesSupreme Court of the United States · 1993
- United States v. UrserySupreme Court of the United States · 1996
- Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
- United States v. WardSupreme Court of the United States · 1980
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3Cited by12 opinions
- State v. BolligWisconsin Supreme Court · 2000
- State v. KonrathWisconsin Supreme Court · 1998
- State v. BurnellSupreme Court of Connecticut · 2009
- Village of Elm Grove v. Richard K. BrefkaWisconsin Supreme Court · 2013
- State v. CarlsonCourt of Appeals of Wisconsin · 2001
7 more not listed; retrieve them via the Exa API.