STATE v. BELTZ

Nos. 94 TRC 7265, 94 TRC 5639, 94 TRC 6083, 95 TRC 0433, 94 TRC 6636, 94 TRC 5992, 94 TRC 6215, 95 TRC 0286, 95 TRC 0290, 94 TRC 6868 and 94 TRC 6870.

71 Ohio Misc.2d 35 (1995)

The STATE of Ohio v. BELTZ et al.

Marysville Municipal Court, Union County.

Decided March 6, 1995.


Attorney(s) appearing for the Case

David Phillips, Assistant Prosecuting Attorney, Jeffrey Evans, Richwood Village Solicitor, and Michael Grigsby, Marysville City Law Director, for plaintiff.

John W. Dailey, Jr., John Cannizzaro, Ronald Janes and Don Fraser for defendants.


KEVIN PELANDA, Judge.

These matters came before the court on February 15, 1995 on motions by defendants seeking dismissal of driving under the influence charges. Defendants assert that the Double Jeopardy Clauses of the Fifth Amendment and the Ohio Constitution preclude prosecution of the traffic charge due to the administrative suspension of their drivers' licenses imposed by the arresting officer shortly following their arrest. For the reasons herein below set forth...

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