double jeopardy?

[skins555]

What is the name of your state? Pennsylvania

Back in 2000, i was pulled over for a dui. In 2001, i accepted ARD Program and completed my probation, mandatory alcohol highway safety classes and I completed a 30 day license suspension.

In fact, the only thing that I hadn't completed was paying off my enormous fines. Consequently, I was still on probation in 2004, for not having payed off my fine entirely.
I was pulled over and arrested in july of 2004 and subsequently pled guity in 2005 for what I was pulled over for in '04.

So, in early 2005 I was to go back to court and face a violation of my ard probation from my 2000 dui. In the criminal court, I argued to the judge that I had completed all of the requirements except for having payed off my fines. He agreed, and mandated a 48 hour house arrest sentence as the mandatory minimum. He then told me that penndot may still come after me for the conviction. And they did.

Now I have to go back to court because the state wants to suspend my license for 1 year for the dui back in 2000.

My question is, since I served a 30-day suspension back in 2001 for the same offense, having being convicted in 2005 again for the same offense, can they legally suspend my license for the same thing twice????

[BelizeBreeze]

Yep, they sure can

[phad23]

You better look up the definition of "Double Jeapardy." You were not tried for the same crime twice. Once in 2000 and once in 2005. They were two different crimes. If you were tried for the same crime, meaning that the crime that took place in 2000 (date, time, place) was the same then you have a case of DJ. It sounds like you were tried for the type of offense.

You were also on probation for the 2000 crime. Because you did not comply with your probation, it was probably revoked and you were punished. Probation is a type of reward (i hate to use this word) for your good behavior. In liu of serving time recommended by the courts, you were given probation. Once you breached the probation, you have to serve the punishment.