Las Vegas Sun

May 3, 2024

Double-jeopardy DUI defense nixed

The high court ruling reverses a Washoe County District Court decision to drop a DUI case involving a man in Reno.

Daniel Lomas had argued his DUI charge couldn't stand because the state Department of Motor Vehicles already had suspended his license for 90 days over the same incident.

The Supreme Court agreed that charging him with drunken driving constitutes double jeopardy. Under the Fifth Amendment to the U.S. Constitution, a person can't be subject to the same offense twice.

But in its unanimous opinion Thursday, the court cited a recent U.S. Supreme Court decision as reason for reimposing the charges on Lomas.

In the high court case, the court ruled that license revocation standards also may be imposed in drunken driving cases.

In following that decision, the Nevada court found that a 90-day license revocation isn't excessive and furthers the government's goal of maintaining safety on the public roads.

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