Opinion

Brown v. Director of Revenue

  • 924 S.W.2d 322
  • 1996 Mo. App. LEXIS 1103
Court
Missouri Court of Appeals
Filed
Jun 25, 1996
Status
Published
Author
Karohl
On the bench
Grimm, Karohl, Reinhard
Cited by
0 cases
Authority
More cited than 21.3%

The opinion

KAROHL, Judge.

The Director of Revenue appeals order setting aside driver’s license suspension as barred by the constitutional prohibition against Double Jeopardy because defendant had previously been prosecuted for a related driving while intoxicated charge.

This case is controlled by the Missouri Supreme Court’s recent decision in State v. Mayo, 915 S.W.2d 758 (Mo. banc 1996). There, the court concluded the sanction of a license revocation or suspension is not punishment for the purposes of the Double Jeopardy Clause. It held a charge of driving while intoxicated was not barred by Double Jeopardy because the defendant’s license had been administratively suspended. Thus, it reversed the trial court’s dismissal of the charge against defendant. The facts of the present case are identical to those in a case consolidated with Mayo and the holdings are equally decisive.

The judgment is reversed and the cause remanded for further proceedings.

REINHARD, P.J., and GRIMM, J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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