OUI Breathalyzer Test Massachusetts Suspension License Lawyers Norfolk County

JOSEPH v. COMMONWEALTH

Facts:

Defendant’s license was suspended for 90 days because he failed the breathalyzer test required by Mass. Gen. Laws 90, § 24(1) (f) (2) (1994). Defendant filed a motion to dismiss the OUI complaint, asserting that to prosecute him on that complaint would have violated the prohibition against multiple punishments contained in the double jeopardy clause of U.S. Const. amends. V and the common and statutory law of the commonwealth. The court affirmed the trial court’s judgment. Defendant driver appealed the judgment of the Supreme Judicial Court for the County of Suffolk (Massachusetts), which denied his motion to dismiss the charge against him for operating a motor vehicle while under the influence of intoxicating liquor (OUI) in violation of Mass. Gen. Laws 90, § 24(1)(a)(1) (1994).

OUI Breathalyzer Test Massachusetts Suspension License Lawyers

Issue:

• Whether the suspension of defendant’s driver’s license was punishment for double jeopardy purpose?

Discussion:

The court determined that defendant’s double jeopardy claim failed because the suspension of his driver’s license was not punishment for double jeopardy purposes, and the character of the actual sanction imposed by the machinery of the state was remedial. The court explained that the statute’s no punitive purpose was the prompt removal of drunk drivers from the highways, and a suspension until trial was not excessive in relation to the remedial purpose. The court concluded that § 24(1)(f)(2) was not a retributive statute because it was aimed at public safety rather than punishment for the sake of justice. The court affirmed the judgment of the trial court because the suspension of defendant’s driver’s license was not punishment for double jeopardy purposes and the character of the actual sanction imposed was remedial.

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Article written by A Sris

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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.