Legal Opinion
State v. Gustafson
Ohio Supreme Court
Decided July 30, 1996No. Nos. 95-1377 and 95-1466; Nos. 95-1271, 95-1303, 95-1304, 95-1305 and 95-1307PublishedCited by 138 opinions
1Opinion of the CourtMoyer, C.J.
Before this court stand six Ohio drivers whose licenses were suspended administratively, pursuant to R.C. 4511.191, subsequent to arrest for violation of R.C. 4511.19. The legal issue presented by their appeals is whether the administrative suspension of their licenses under R.C. 4511.191 precludes subsequent prosecution of criminal drunk driving charges pursuant to the Double Jeopardy Clauses of the Ohio and United States Constitutions. Of these six drivers, four (Gustafson, Miller, Brown and Smith) submitted to chemical tests upon the request of the arresting officer, while two (Roth and…
2Cases cited39 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Benton v. MarylandSupreme Court of the United States · 1969
- Brown v. OhioSupreme Court of the United States · 1977
- Green v. United StatesSupreme Court of the United States · 1957
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
34 more not listed; retrieve them via the Exa API.
3Cited by138 opinions
- Herbert v. BillyCourt of Appeals for the Sixth Circuit · 1998
- State v. RobinetteOhio Supreme Court · 1997
- State v. BrewerOhio Supreme Court · 2009
- State v. MartelloOhio Supreme Court · 2002
- State v. MartelloOhio Supreme Court · 2002
133 more not listed; retrieve them via the Exa API.