Mason v. Director of Revenue
Mason v. Director of Revenue
Opinion of the Court
In May, 1995, Kyra J. Mason (Mason) was arrested for driving while intoxicated in violation of § 577.010.
The only issue on appeal is whether the suspension of the respondent’s driving privileges constituted a violation of the Double Jeopardy Clause when she was criminally convicted of driving while intoxicated, arising out of the same incident. This court finds it did not.
In a case with strikingly similar facts, the Missouri Supreme Court has held that criminal prosecution and suspension of driving privileges arising out of the same action do not constitute a violation of the Double Jeopardy Clause of the 5th Amendment. State v. Mayo, 915 S.W.2d 758, 762-763 (Mo. banc 1996). The purpose of suspending the license of an individual convicted of DWI is not to impose additional sanctions on the convicted; rather these measures are to ensure the safety of others on Missouri roadways. State v. Mayo, 915 S.W.2d at 762. See State v. Grisham, 918 S.W.2d 926 (Mo.App. 1996); State v. Champlin, 919 S.W.2d 24 (Mo.App. 1996) relying on State v. Mayo.
The order reinstating Mason’s driver’s license is reversed and the case is remanded for further proceedings not inconsistent with this opinion.
. All statutory references are to Missouri Revised Statutes 1994 unless otherwise stated.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.