'Double Jeopardy' And 'Full Faith And Credit' Defenses

[tones]

My question involves a driver's license issued by the State of: Ohio

One of our drivers was acquitted in a Village Court on charges of driving without a CDL. All charges were dismissed in that proceeding. In a separate, parallel PUCO action for the same charges (arising out of the identical facts from the Village charges), I now want to raise the defenses of double jeppardy and full faith & credit. Based on these defenses, I want to ask the PUCO to recognize the earlier adjudication of these charges and dismiss all of the charges they have also brought.

Will my strategy work?

Tones

[cyjeff]

Are these different jurisdictions?

For instance, was this person driving in two counties or municipalities...

[tones]

cyjeff,

No, not two different counties or municipalities. Driver was cited by Village police and State police at same time for same offense. Village case was resolved with a dismissal of all charges. PUCO administrative hearing is coming up soon.

Tones

[cyjeff]

Were different statute numbers listed on the different tickets?

Were the tickets from different jurisdictions?

[BOR]

My question involves a driver's license issued by the State of: Ohio

One of our drivers was acquitted in a Village Court on charges of driving without a CDL. All charges were dismissed in that proceeding. In a separate, parallel PUCO action for the same charges (arising out of the identical facts from the Village charges), I now want to raise the defenses of double jeppardy and full faith & credit. Based on these defenses, I want to ask the PUCO to recognize the earlier adjudication of these charges and dismiss all of the charges they have also brought.

Will my strategy work?

Tones

I don't think so?? FFC is not applicable though.

Review Waller:

http://www.law.cornell.edu/supct/htm...7_0387_ZS.html

IF the PUCO hearing is administrative/civil in remedy, DJ may not apply. I do not believe it will, Waller has ruled that a state and it's municipalities are the "same sovereign" ONLY for DJ "criminal" purposes.

Such as a state Motor vehicle department can issue an ALS, administrative license suspension, on top of scantions a court imposes, this does not trigger DJ.

If you want to provide the court with a good DJ argument, then some homework will have to be done.

Not an attorney, so take it for what it is worth, you reseacrh.

[tones]

cyjeff,

In reply to your post, the one ticket was based on a Village Ordinance and the other on an administrative rule so there were two different statutes cited. The administrative citation was based on a CFR regulation.

Also, the jurisdictions were different. One was an Ohio Village and the other was State of Ohio.

Thanks,

Tones

[tones]

Waller,

Thanks for the input. I'll look at the Waller article.

Tones

[tones]

BOR,

I read the holding in Waller different from you. The US Supreme Court ruled that the Florida District Court "erred in holding that a second trial ... did not constiute double jeopardy."

Your thoughts/comments?

Tones

[BOR]

BOR,

I read the holding in Waller different from you. The US Supreme Court ruled that the Florida District Court "erred in holding that a second trial ... did not constiute double jeopardy."

Your thoughts/comments?

Tones

Held: The State of Florida and is municipalities are not separate sovereign entities each entitled to impose punishment for the same alleged crime, as the judicial power of the municipal courts and the state courts of general jurisdiction springs from the same organic law, and the District Court of Appeal erred in holding that a second trial in a state court for the identical offense for which a person was tried in a municipal court did not constitute double jeopardy. Pp. 390-395.

213 So.2d 623, vacated and remanded. [p388]

The FL court ruled it did not constitute DJ, the SC "reversed and remanded" as we read!!

As I noted though, that is criminal DJ purposes, civil/administrative punishment is not criminal in nature. I hardly see the state having an admistrative hearing after aquittal in a village court if ir were DJ??

To research yourself concerning OH's DJ law, visit a library where they have the Ohio revised Code, look for the Constitution volumes and after the DJ clause, read some case law on this article:


http://www.legislature.state.oh.us/c...t=1&Section=10

Last sentence:


No person shall be twice put in jeopardy for the same offense.

[aaron]

States routinely impose administrative penalties for driving violations, in addition to prosecuting civil infractions or criminal offenses.