Commonwealth v. Simpson

By Judge Alfred B. Swersky

This matter is before the Court on Defendant’s Motion to Dismiss these habitual offender proceedings. Simpson asserts that the restrictions on her privilege to operate a motor vehicle as a result of her being declared an habitual offender constitute a second punishment for the commission of the earlier offenses which form the basis of these proceedings. She argues that the Double Jeopardy provisions of the Constitution of the United States bar these proceedings and relies on United States v. Halper, 490 U.S. 435 (1989), and Department of Revenue of Montana v. Kurth…