Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Law
Administrative License Suspensions, Criminal Prosecution And The Double Jeopardy Clause, Carlos F. Ramirez
Administrative License Suspensions, Criminal Prosecution And The Double Jeopardy Clause, Carlos F. Ramirez
Fordham Urban Law Journal
This Note argues that revocation of a driver's license under ALS proceedings is not a bar to subsequent criminal prosecution by the state. It discusses the potential double jeopardy implications surrounding ALS that is followed by criminal proceedings, as well as the reasoning employed by a majority of the courts that hold that an ALS is remedial and, therefore, not punishment for purposes of the Double Jeopardy Clause. It argues that with regard to determining whether an ALS is punitive, the appropriate test should balance the effect of the statute on the driver against the state's interest in protecting the …