STATE of Minnesota, Plaintiff (C1-95-531), Appellant (C5-95-564),
v.
Randy Charles HANSON, Defendant (C1-95-531),
Joseph Michael Burns, Respondent (C5-95-564).
Court of Appeals of Minnesota.https://leagle.com/images/logo.png
June 13, 1995.
Review Granted August 9, 1995.
Attorney(s) appearing for the Case
Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas D. Hayes, Sherburne County Atty., Thomas C. McNinch, Asst. County Atty., Elk River, Elliott B. Knetsch, Andrea M. Poehler, Campbell, Knutson, Scott & Fuchs, Eagan, for State.
Donald H. Nichols, John A. Fabian, Paul J. Lukas, Nichols, Kaster & Anderson, Minneapolis, for Randy Charles Hanson.
Samuel A. McCloud, Kelly Vince Griffitts, Chanhassen, for Joseph Michael Burns.
Considered and decided by RANDALL, P.J., TOUSSAINT, C.J., PARKER, CRIPPEN, KALITOWSKI, HARTEN and SCHULTZ, JJ.
Court of Appeals of Minnesota.
OPINION
PARKER, Judge.
These consolidated appeals raise the legal issue of the application of the Double Jeopardy Clause to an implied consent driver's license revocation. Each arises from a DWI prosecution in which the defendant moved to dismiss, claiming the prior implied consent revocation was "punishment" barring further punishment. In the Hanson case (C1-95-531), the trial court denied the motion but certified...
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