Missouri Court of Appeals, 1996

State v. Havard

State v. Havard
Missouri Court of Appeals · Decided July 23, 1996 · Breckenridge, Ellis, Smith
925 S.W.2d 504; 1996 Mo. App. LEXIS 1301; 1996 WL 408699 (South Western Reporter, Second Series)

State v. Havard

Opinion of the Court

OPINION

EDWIN H. SMITH, Presiding Judge.

Steven R. Havard, respondent, was cited for Driving While Intoxicated on March 17, 1995, in Jackson County, Missouri. His driver’s license was subsequently administratively revoked. Respondent filed a motion to dismiss the criminal charges arising from the citation alleging a violation of the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. The trial court granted the motion to dismiss.

Our Supreme Court recently addressed this very issue and held “that the sanction of a license revocation or suspension under § 302.500, et seq., is not punishment for the purposes of the Double Jeopardy Clause.” State v. Mayo, 915 S.W.2d 758, 762-63 (Mo. banc 1996). Respondent agrees with the appellant State of Missouri that the trial court erred in dismissing this case due to the Mayo ease.

We reverse the trial court’s order dismissing the criminal charges in this case and *505remand for proceedings consistent with this opinion.

All concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.