People v. Roach
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Boehm, J.
The principal issue raised on this appeal is whether the suspension of a driver’s license pursuant to the so-called *57"prompt suspension law” (Vehicle and Traffic Law § 1193 [2] [e] [7]) constitutes punishment within the meaning of the Double Jeopardy Clause, thus barring subsequent prosecution on underlying charges of driving while intoxicated.
I
Defendant was arrested on May 18, 1995, and charged with two counts of driving while intoxicated (DWI) (Vehicle and Traffic Law § 1192 [2], [3]), leaving the scene of an incident without reporting (Vehicle and Traffic Law §…
2Cases cited11 opinions
- Heller v. Doe Ex Rel. DoeSupreme Court of the United States · 1993
- United States v. HalperSupreme Court of the United States · 1989
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- United States v. UrserySupreme Court of the United States · 1996
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