Legal Opinion
Ellis v. Pierce
California Court of Appeal
Decided June 6, 1991No. A051310PublishedCited by 22 opinions
1Opinion of the Court
Opinion
KING, J.
In this case we hold that the right to be free from double jeopardy is not violated when the Department of Motor Vehicles (DMV) suspends a driver’s license for refusal to take a blood-alcohol test, even though the licensee was convicted of driving under the influence and received a 48-hour “refusal enhancement” for the same conduct. John Norman Ellis appeals from a judgment denying his petition for writ of mandamus. We affirm.
On January 28, 1990, Ellis was arrested on suspicion of drunk driving and refused to submit to a chemical test of his blood-alcohol content. On January 30…
2Cases cited14 opinions
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- United States v. HalperSupreme Court of the United States · 1989
- Yokozeki v. State BarCalifornia Supreme Court · 1974
- Bush v. BrightCalifornia Court of Appeal · 1968
- Zidell v. BrightCalifornia Court of Appeal · 1968
9 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. HigaHawaii Supreme Court · 1995
- State v. StrongSupreme Court of Vermont · 1992
- State Ex Rel. Schwartz v. KennedyNew Mexico Supreme Court · 1995
- State v. OliverSupreme Court of North Carolina · 1996
- Heartland Express, Inc. v. TerrySupreme Court of Iowa · 2001
17 more not listed; retrieve them via the Exa API.