Legal Opinion

State v. Jones

Court of Appeals of Maryland

Decided October 16, 1995No. 42PublishedCited by 49 opinions

1Opinion of the Court

MURPHY, Chief Judge.

In this appeal, we must determine whether administrative suspension of a driver’s license under Maryland Code (1977, 1992 Repl.VoL, 1994 Cum.Supp.) § 16-205.1 of the Transportation Article constitutes “punishment” within the ambit of the United States Constitution’s Double Jeopardy Clause or Maryland common law, thereby precluding the State from bringing a subsequent prosecution for the crime of driving while intoxicated. We hold that a temporary suspension of a driver’s license under § 16-205.1 does not constitute “punishment” under the law of double jeopardy.

I

A

Section…

2Cases cited26 opinions

  1. Bell v. WolfishSupreme Court of the United States · 1979
  2. Benton v. MarylandSupreme Court of the United States · 1969
  3. United States v. HalperSupreme Court of the United States · 1989
  4. Austin v. United StatesSupreme Court of the United States · 1993
  5. Helvering v. MitchellSupreme Court of the United States · 1938

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3Cited by49 opinions

  1. Alexander A. Artway v. The Attorney General of the State of New Jersey Chief of Police of Woodbridge Township, New Jersey the Superintendent of the New Jersey State Police Attorney General of New Jersey and Superintendent of the New Jersey State Police, in No. 95-5157. Alexander A. Artway v. The Attorney General of the State of New Jersey Chief of Police of Woodbridge Township, New Jersey the Superintendent of New Jersey State Police Chief of Police of Woodbridge Township, New Jersey in No. 95-5194. Alexander A. Artway v. The Attorney General of the State of New Jersey Chief of Police of Woodbridge Township, New Jersey the Superintendent of New Jersey State Police Alexander A. Artway, in No. 95-5195Court of Appeals for the Third Circuit · 1996
  2. State v. GustafsonOhio Supreme Court · 1996
  3. Luk v. CommonwealthMassachusetts Supreme Judicial Court · 1995
  4. Spencer v. Maryland State Board of PharmacyCourt of Appeals of Maryland · 2004
  5. State v. McClendonWashington Supreme Court · 1997

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

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