State v. Strong
Supreme Court of Vermont
1Opinion of the CourtDooley, J.
In this case we hold that the constitutional prohibition against double jeopardy does not bar criminal prosecution and punishment for driving under the influence of intoxicating liquor after the suspension of the defendant’s driver’s license in a civil proceeding resulting from the same underlying incident. The judgment is affirmed.
The police stopped defendant on June 17, 1990, for driving under the influence. Defendant consented to a breath test, which showed that he had a blood alcohol content (BAC) of .16%. Pursuant to the civil license suspension procedure of 23 V.S.A. § 1205, he was…
2Cases cited18 opinions
- North Carolina v. PearceSupreme Court of the United States · 1969
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- United States v. HalperSupreme Court of the United States · 1989
- Grady v. CorbinSupreme Court of the United States · 1990
- Helvering v. MitchellSupreme Court of the United States · 1938
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3Cited by69 opinions
- State v. HigaHawaii Supreme Court · 1995
- Luk v. CommonwealthMassachusetts Supreme Judicial Court · 1995
- Town of Hinesburg v. DunklingSupreme Court of Vermont · 1998
- State Ex Rel. Schwartz v. KennedyNew Mexico Supreme Court · 1995
- State v. LussierSupreme Court of Vermont · 2000
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