Legal Opinion
Luk v. Commonwealth
Massachusetts Supreme Judicial Court
Decided November 27, 1995PublishedCited by 88 opinions
1Opinion of the CourtAbrams, J.
Anne W. Luk’s driver’s license was suspended for 180 days because she refused to take a breathalyzer test.1 The Commonwealth also charged her with operating a motor vehicle while under the influence of intoxicating liquor (OUI). See G. L. c. 90, § 24 (1) (a) (1) (1994 ed.). Luk moved to dismiss the GUI complaint asserting that to prosecute her on that complaint would violate the prohibition against double jeopardy contained in the Fifth Amendment to the United States Constitution,2 as well as the common and statutory law of the Commonwealth.3 The trial judge denied Luk’s motion to dismiss.…
2Cases cited71 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Benton v. MarylandSupreme Court of the United States · 1969
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- United States v. HalperSupreme Court of the United States · 1989
- Flemming v. NestorSupreme Court of the United States · 1960
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3Cited by88 opinions
- State v. GustafsonOhio Supreme Court · 1996
- Commonwealth v. VickMassachusetts Supreme Judicial Court · 2009
- Commonwealth v. ScottMassachusetts Supreme Judicial Court · 2014
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1996
- Commonwealth v. FurrMassachusetts Supreme Judicial Court · 2009
83 more not listed; retrieve them via the Exa API.