Legal Opinion

State v. Uskert

Ohio Supreme Court

Decided June 2, 1999No. 98-217PublishedCited by 27 opinions

1Opinion of the CourtLundberg Stratton, J.

The issue presented to this court is whether the reinstatement fee paid to the Bureau of Motor Vehicles at the conclusion of an administrative license suspension (“ALS”) in the amount of $250, pursuant to former R.C. 4511.191(L)(2), is “punishment,” thereby subjecting the defendant to double jeopardy. For the following reasons, we find that the reinstatement fee of former R.C. 4511.191(L)(2) is not a “punishment” that would subject the defendant to double jeopardy, and, therefore, we reverse the judgment of the court of appeals.

The Double Jeopardy Clause of the Fifth Amendment to the United…

2Cases cited17 opinions

  1. Benton v. MarylandSupreme Court of the United States · 1969
  2. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  3. United States v. HalperSupreme Court of the United States · 1989
  4. Flemming v. NestorSupreme Court of the United States · 1960
  5. Hudson v. United StatesSupreme Court of the United States · 1997

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3Cited by27 opinions

  1. State v. LewisOhio Supreme Court · 1999
  2. State v. MartelloOhio Supreme Court · 2002
  3. State v. MartelloOhio Supreme Court · 2002
  4. State ex rel. Potts v. Commission on Continuing Legal EducationOhio Supreme Court · 2001
  5. Judy v. Ohio Bureau of Motor VehiclesOhio Supreme Court · 2003

22 more not listed; retrieve them via the Exa API.

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