(DOWNLOAD) "State Minnesota v. Randy Charles Hanson" by Court of Appeals of Minnesota * Book PDF Kindle ePub Free
eBook details
- Title: State Minnesota v. Randy Charles Hanson
- Author : Court of Appeals of Minnesota
- Release Date : January 13, 1995
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
A 90-day implied consent driver's license revocation for a driver who has failed the chemical test is rationally related to the remedial purpose of protecting public safety by removing intoxicated drivers from the highways and is not so ""overwhelmingly disproportionate"" to the threat posed to public safety that it is ""punishment"" for purposes of the Double Jeopardy Clause. PARKER, Judge These consolidated appeals raise the legal issue of the application of the Double Jeopardy Clause to an implied consent driver's license revocation. Each arises from a DWI prosecution in which the defendant moved to dismiss, claiming the prior implied consent revocation was ""punishment"" barring further punishment. In the Hanson case (C1-95-531), the trial court denied the motion but certified the question to this court. In the Burns case (C5-95-564), the trial court granted the motion to dismiss. Although the court certified the question, the state has chosen to appeal. We answer the certified question, in Hanson, in the negative, and reverse in Burns. 1