STATE v. GUSTAFSON

Nos. 95-1377 and 95-1466, 95-1271, 95-1303, 95-1304, 95-1305 and 95-1307.

76 Ohio St.3d 425 (1996)

THE STATE OF OHIO, APPELLANT, v. GUSTAFSON, APPELLEE. THE STATE OF OHIO, APPELLEE, v. MILLER ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided July 30, 1996.


Attorney(s) appearing for the Case

James A. Philomena, Mahoning County Prosecuting Attorney, Michele G. Cerni, Assistant Prosecuting Attorney; Betty D. Montgomery, Attorney General, Jeffrey S. Sutton, State Solicitor, Susan E. Ashbrook and Andrew S. Bergman, Assistant Attorneys General, for appellant in case Nos. 95-1377 and 95-1466.

Newman, Olson & Kerr and Martin S. Delahunty III, for appellee in case Nos. 95-1377 and 95-1466.

W. Andrew Hasselbach, urging affirmance for amicus curiae, Ohio Association of Criminal Defense Lawyers, in case Nos. 95-1377 and 95-1466.

Henry M. Jasny, pro hac vice, urging reversal for amici curiae, Advocates for Highway and Auto Safety, and Mothers Against Drunk Driving, National Headquarters, in case Nos. 95-1377 and 95-1466.

Baker & Hostetler and Richard W. Siehl, urging reversal for amicus curiae, Mothers Against Drunk Driving, State of Ohio, in case Nos. 95-1377 and 95-1466.

Baker & Hostetler and William W. Falsgraf, urging reversal for amicus curiae, American Alliance for Rights and Responsibilities, in case Nos. 95-1377 and 95-1466.

Michele McDowell Fields, pro hac vice, urging reversal for amicus curiae, Insurance Institute for Highway Safety, in case Nos. 95-1377 and 95-1466.

Wilson Law, Eric J. Wilson and Gregory Wilson, for appellants in case Nos. 95-1271, 95-1303, 95-1304, 95-1305 and 95-1307.

Garrett T. Gall, Auglaize County Prosecuting Attorney, and David M. Busick, Assistant Prosecuting Attorney; Betty D. Montgomery, Attorney General, Jeffrey S. Sutton and Susan E. Ashbrook, Assistant Attorneys General, for appellee in case Nos. 95-1271, 95-1303, 95-1304, 95-1305, and 95-1307.


MOYER, C.J.

Before this court stand six Ohio drivers whose licenses were suspended administratively, pursuant to R.C. 4511.191, subsequent to arrest for violation of R.C. 4511.19. The legal issue presented by their appeals is whether the administrative suspension of their licenses under R.C. 4511.191 precludes subsequent prosecution of criminal drunk driving charges pursuant to the Double Jeopardy Clauses of the Ohio and United States Constitutions. Of these six drivers...

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