Legal Opinion

Leduc v. Commonwealth

Massachusetts Supreme Judicial Court

Decided November 27, 1995PublishedCited by 25 opinions

1Opinion of the CourtAbrams, J.

John Leduc’s driver’s license was suspended for ninety days because he failed the breathalyzer test required by G. L. c. 90, § 24 (1) (/) (2) (1994 ed.).1 In addition, the *434Commonwealth charged Leduc with operating a motor vehicle while under the influence of intoxicating liquor (OUI) in violation of G. L. c. 90, § 24 (1) (a) (1) (1994 ed.). Leduc moved to dismiss the OUI complaint, asserting that to prosecute him on that complaint would violate the prohibition against multiple punishments contained in the double jeopardy clause of the Fifth Amendment to the United States Constitution, and the…

2Cases cited8 opinions

  1. United States v. HalperSupreme Court of the United States · 1989
  2. Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
  3. Levy v. Board of Registration & Discipline in MedicineMassachusetts Supreme Judicial Court · 1979
  4. Saxon Coffee Shop, Inc. v. Boston Licensing BoardMassachusetts Supreme Judicial Court · 1980
  5. Cramer v. CommonwealthMassachusetts Supreme Judicial Court · 1994

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3Cited by25 opinions

  1. Goodridge v. Department of Public HealthMassachusetts Supreme Judicial Court · 2003
  2. State v. GustafsonOhio Supreme Court · 1996
  3. Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1996
  4. State v. McClendonWashington Supreme Court · 1997
  5. Powers v. CommonwealthMassachusetts Supreme Judicial Court · 1998

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