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NOLEN v. STATE

Nos. A95A1570, A95A1727.

463 S.E.2d 504 (1995)

218 Ga. App. 819

NOLEN v. The STATE. MOORE v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied October 26, 1995.

Certiorari Denied January 5, 1996.

Certiorari Denied January 26, 1996.

Attorney(s) appearing for the Case

Bruce F. Morriss, Daniel Shim, Atlanta, for appellant in No. A95A1570.

J. Guy Sharpe, Marietta, for appellant in No. A95A1727.

Gerald N. Blaney, Jr., Solicitor, Richard E. Thomas, Rosanna M. Szabo, Assistant Solicitors, Lawrenceville, for appellee in No. A95A1570.

Benjamin F. Smith, Jr., Solicitor, Barry E. Morgan, Mark A. Basurto, Aurieanne Sneed, Assistant Solicitors, Marietta, for appellee in No. A95A1727.

Robert W. Chestney, Atlanta, Kenneth W. Mauldin, Athens, amici curiae.

ANDREWS, Judge.

Both of these appeals concern similar claims that double jeopardy bars a subsequent criminal prosecution for the offense of driving under the influence (DUI) after an administrative license suspension hearing.1 In Case No. A95A1570, Nolen claims that an administrative driver's license suspension hearing constitutes a prosecution that bars any subsequent criminal prosecution on DUI charges based on the double jeopardy prohibition...

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