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DMV License Suspension and Criminal Prosecution for Drunk Driving Is Not Double Jeopardy

April 11th, 2009

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Case:  State v. Burnell (SC 18139) March 2009

Court:  Connecticut Supreme Court

Trial Court:  Meriden

Synopsis:  Double jeopardy does not prohibit a driver charged with driving while intoxicated whose license has been suspended by the Department of Motor Vehicles from being prosecuted in criminal court.  The DMV suspension is not a conviction because although is has a deterrent effect, its main purpose is to promote public safety by removing unsafe drivers from the road.

Case Link:  http://www.jud.ct.gov/external/supapp/Cases/AROcr/CR290/290cr47.pdf

Case Citation:  290 Conn. 634 (2009)

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