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928 S.W.2d 414

State v. Glasgow

Missouri Court of Appeals

Decided September 10, 1996

Missouri Court of Appeals · decided 1996-09-10

Cited by 2 later decisions — most recently June 2004

2 state decisions

Relies on State v. Mayo

Good law ✅— No negative treatment on recordhow we know

Decided 1996-09-10

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PER CURIAM.

¶1The defendant, Gregory S. Glasgow, was cited for Driving While Intoxicated, and his driving privileges were suspended pursuant to § 302.505, RSMo 1994, The trial court dismissed the criminal charges holding that the administrative hearing revoking the defendant’s license and the subsequent criminal prosecution violated the Double Jeopardy Clause of the Fifth Amendment. The state appeals.

¶2The Missouri Supreme Court has held that an administrative suspension of driving privileges is not punishment for the purposes of double jeopardy. State v. Mayo, 915 S.W.2d 758, 762-63 (Mo. banc 1996). Consequently, the trial court erred in dismissing the criminal charges, and its order of dismissal is reversed and the cause remanded for disposition.

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