NCJ Number
155832
Journal
Prosecutor Volume: 29 Issue: 3 Dated: (May-June 1995) Pages: 24-26
Date Published
1995
Length
3 pages
Annotation
This article discusses the possibility that prosecutors will no longer be able to bring criminal charges against drunk drivers who lose their drivers' licenses because this would violate the double jeopardy clause of the Fifth Amendment.
Abstract
Criminal lawyers across the country have been filing motions to dismiss criminal charges, based on the U.S. Supreme Court decision in Department of Revenue of Montana v. Kurth Ranch. In this case, a Montana statute imposed a tax on the possession and storage of illegal drugs after the defendants had already been arrested and prosecuted for growing marijuana. The critical issue in this case was whether the Montana law was intended to punish the offender for the same offense; since the assessed tax was not equivalent to the costs associated with investigating and prosecuting the case, and since the tax was not assessed for the purpose of raising revenue, the Court ruled that its intent was retributive. However, the authors argue that, in the case of taking away a drunk driver's license, the intent remedial in that it aims to protect the public and any punishment it imposes is immaterial. 18 notes