New York Federal Suspension Privilege Double Jeopardy Lawyers Attorneys

by

Atchuthan Sriskandarajah

UNITED STATES OF AMERICA v. ANTHONY M. VOLPE

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK

November 25, 1997, Decided

December 1, 1997, Filed

Facts:

On April 20, 1997, defendant, a soldier in the United States Army (“Army”), was driving on North Memorial Avenue in Fort Drum, a federal military installation that is located in Jefferson County, New York, and within the special territorial jurisdiction of the United States. Defendant, the prosecution asserts, was stopped after the vehicle he was driving crossed over the median. The officer who stopped defendant allegedly detected the odor of alcohol on his breath. Having failed a field sobriety test, according to the prosecution, defendant was transported to the facility’s Provost Marshall’s Office, where he registered a .12% BAC after having taken a breathalyser test. He was charged with driving while intoxicated under 18 U.S.C. 13 and New York Vehicle and Traffic Law 1192(2), (3), as well as failure to maintain a single lane of travel and aggravated unlicensed operation. Defendant sought to dismiss the charges against him in the court, arguing that the suspension of his privileges was a punishment for the act and any further punishment given by the court would violate the Double Jeopardy Clause of U.S. Const. amend. V.

Issue:

Whether the suspension of defendant s privileges was a punishment for the act and any further punishment given by the court would violate the

Double Jeopardy

Clause of U.S. Const. amend. V.?

Discussion:

The court held that the Army’s disciplinary actions were punishment because they were not within the ambit of those that a similarly situated private employer might enjoy. The court found that a private employer could not limit the travel of an employee to the employer’s premises, or restrict his off-duty activities, as a means of sanctioning that employee. Accordingly, the court concluded that further prosecution would violate the Double Jeopardy Clause of U.S. Const. amend. V. The court granted defendant’s motion to dismiss the charges against him for driving while intoxicated.

Disclaimer:These summaries are provided by the SRIS Law Group. They represent the firm s unofficial views of the Justices opinions. The original opinions should be consulted for their authoritative content

Atchuthan Sriskandarajah is a Virginia lawyer and owner of the SRIS Law Group. The SRIS Law Group has offices in Virginia, Maryland, Massachusetts,

New York

, North Carolina & California. The firm handles criminal/traffic defense, family law, immigration & bankruptcy cases.

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