Double Jeopardy In DUI Cases

dui double jeopardy dui double jeopardy

I got a pulled over and cited for transporting alcohol illegally in my car. I got a summary citation. I appeared at the local Magisterial Judicial District in regard to said ticket and plead guilty. I got sentenced to a large fine and I paid it. Now the original officer that stopped me is harassing me telling me that he thought I was drunk the night he pulled me over and I would soon be charged with DUI. They never did any chemical tests. Can the police do that to me?

Based on the information you have provided in your question, the answer is unclear. Under a case I refer to as Campana, once someone is found guilty of a criminal offense any new charges brought on from the same transaction or occurrence are barred under a double jeopardy theory. The problem with your question is whether a “transporting alcohol” summary offense is considered a criminal conviction under Campanna. I think it is. The reason I think the summary offense conviction is criminal is because if you try to get the summary conviction expunged the District Attorney will argue that you can’t because it is a criminal conviction. They can’t have it both ways. Further, even if they did charge you, there was no testing so the district attorney would have a hard time convicting.

2 Comments on Double Jeopardy In DUI Cases

  1. lauran // at 7:34 am // Reply

    I really like this post very much. It is very informative too.

  2. Two new points:

    1. The Summary Conviction can now be expunged if all of the conditions are met. However, my original answer remains.

    2. The site for Campana is Commonwealth v. Campana, 452 Pa. 233, 304 A.2d 432 (1973), vacated and remanded, 414 U.S. 808, 94 S.Ct. 73, 38 L.Ed.2d 44 (1973), aff’d, 455 Pa. 622, 314 A.2d 854 (1974).

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