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Is this considered double jeopardy at the DMV?
Anonymous6 views3 answers
I was cited DUI last April 15 and refused all tests. I requested DMV hearing April 16 which was set June 6th. The officer requested a continuance and was reset to Sept 3. I plead guilty in court on
Aug 3 and received DMV license revocation notice Aug 8 for 9 months via mail. At the DMV hearing given 1 year revocation. Can they legally make it 1yr revocation if I already received the original
9 Month before my hearing? They also have two different Case# as well.
No, it is not double jeopardy.
With a DUI, it is two different issues. There is the criminal (where you went to court) and the administrative (with the DMV).
Double jeopardy protects from multiple criminal prosecutions for the same crime. In your situation, the court is the only criminal prosecution you had.
It sounds like you have two issues going on with DMV as you state that you have two case numbers. What I would do is get a copy of your Colorado driving record, it costs $2.20, ask for the "Full Record" when you request it; and take it and your revocation letters/orders with you to talk with a DUI attorney. It is easiest to sort this out when looking at the driving record and revocation orders. Good luck!
No, it is not double jeopardy. That is well-established in the law, even before singer John Denver's attorneys also tried that argument and failed. See Deutschendorf v. People, 920 P.2d 53 (Colo. 1996).
