State v. McClendon

(concurring) — While I agree with the majority opinion, I do not believe we need to rely on the rather unpredictable course of the United States Supreme *870Court’s double jeopardy jurisprudence to reach the conclusion in the majority opinion.55 The present case rises and falls on a single question: is the license action punishment? If it is punishment, jeopardy attaches.

Jurisdictions that have considered the question have overwhelmingly held licensure actions to be remedial, not punishment: Thompson v. State, 896 F. Supp. 220 (D. Me. 1995) (suspension of license under Maine statute was not…