Opinion
A96A1034, A96A1035
DECIDED APRIL 15, 1996
DUI; double jeopardy. DeKalb State Court. Before Judge McLaughlin.
William C. Head, for appellants.
Ralph T. Bowden, Jr., Solicitor, Bernard R. Ussery, Walter C. Howard, Noah H. Pines, Assistant Solicitors, for appellee.
In Case No. A96A1034, John Mark Ford was arrested for failing to obey an officer conducting a roadblock. Ford allegedly refused to submit to a State-administered breath test and, as a result, was the subject of a proceeding for the administrative suspension of his license pursuant to OCGA § 40-5-67.1. Ford's efforts to contest the suspension were unsuccessful and he lost his license for a one-year period. Subsequently, he was charged in the underlying criminal prosecution with DUI, attempting to elude a police officer and speeding.
In Case No. A96A1035, Scott R. Schoeppler was arrested for driving on the wrong side of the road. Schoeppler submitted to a breath test and, based on its results, became the subject of an administrative proceeding for license suspension. Unlike Ford, Schoeppler's efforts to contest the suspension proved successful, and he was able to maintain his license. In the underlying criminal prosecution, Schoeppler was charged with DUI and driving left of the centerline.
In their respective criminal cases, Ford and Schoeppler filed a plea in bar based on double jeopardy, asserting that they had already been subject to prosecution for these offenses alleged in their criminal indictments by virtue of their prior administrative proceedings. In both cases the plea was denied. These appeals followed.
Both Ford and Schoeppler contend that the trial courts erred in holding that the State's criminal prosecution, following an administrative action for license suspension, does not constitute double jeopardy. Their argument was rejected in Nolen v. State, 218 Ga. App. 819 ( 463 S.E.2d 504) (1995), and we decline to reconsider our holding therein. See also Cantwell v. State, 218 Ga. App. 677 ( 462 S.E.2d 802) (1995); Jackson v. State, 218 Ga. App. 677 ( 462 S.E.2d 802) (1995).
Judgments affirmed. Beasley, C.J., and Birdsong, P.J., concur.