Pletcher v. Commonwealth

992 S.W.2d 852, 1998 Ky. App. LEXIS 88, 1998 WL 655727
CourtCourt of Appeals of Kentucky
DecidedSeptember 25, 1998
DocketNo. 1997-CA-001159-DG
StatusPublished
Cited by1 cases

This text of 992 S.W.2d 852 (Pletcher v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Pletcher v. Commonwealth, 992 S.W.2d 852, 1998 Ky. App. LEXIS 88, 1998 WL 655727 (Ky. Ct. App. 1998).

Opinion

OPINION

GUDGEL, Chief Judge.

This matter is before us on discretionary review of an opinion and order entered by the Jefferson Circuit Court, which reversed and remanded certain orders of the Jefferson District Court. The circuit court adjudged that the state and federal double jeopardy clauses are not violated by the institution of proceedings pursuant to the habitual violator provisions set out in KRS 186.641, et seq., whereby a convicted habitual violator is precluded from obtaining an operator’s license for a period of five years even if his or her operator’s license has already been revoked for two years based upon a third-offense conviction of driving while intoxicated (DUI) pursuant to KRS 189A.070(l)(c). The court also held that by enacting KRS 189A.070(l)(c) in 1984, as amended in 1991, the Kentucky General Assembly did not intend to repeal KRS 186.646(1) by implication. Perceiving no error in the circuit court’s rulings, we affirm.

On September 9, 1993, appellant Donald Pletcher pled guilty to third-offense DUI. In addition to the penalties imposed pursuant to KRS 189A.010, appellant’s operator’s license was ordered suspended for two years pursuant to KRS 189A.070(l)(c). Some three months later, an assistant county attorney filed an information alleging that appellant was a habitual violator as defined in KRS 186.642(2), and that the court therefore should declare him ineligible to obtain an operator’s license for five years from the date of his conviction. The district judge declined to do so, and instead determined that the state and federal constitutional guarantees against double jeopardy would be violated by proceeding against appellant as a habitual violator after his license already was suspended due to his DUI conviction, as he then would be subjected to multiple punishments for the same offense. The court alternatively concluded that in any event, KRS 189A.070(l)(e) had repealed the penalty provisions of KRS 186.646(1) by implication. The district judge’s decision was reversed on appeal to the circuit court, and we granted appellant’s motion for discretionary review.

First, appellant contends that the Commonwealth has subjected him to multiple punishments for the same offense in viola[854]*854tion of his constitutional rights against double jeopardy. We disagree.

Appellant in effect argues that a proceeding under Kentucky’s habitual violator statutory scheme essentially constitutes a criminal proceeding because (1) a criminal information is filed by a county attorney, (2) the applicable statutes refer to the “guilt” and “conviction” of the “accused,” (3) the case is heard by a district judge with authority to impose criminal penalties, and (4) the right to appeal must be exercised in accordance with the rules applicable to criminal proceedings. Appellant argues that it is therefore clear that habitual violator proceedings are intended to constitute criminal prosecutions. Moreover, since habitual violators incur severe license sanctions in addition to the sanctions imposed pursuant to the applicable DUI statutes, appellant urges that habitual violator proceedings clearly are equivalent to criminal proceedings.

Appellant therefore urges that since it appears that the legislature intended the habitual violator statutes to be criminal rather than civil in nature, and since the applicable penalties amount to criminal punishments in purpose or effect, he clearly and impermissibly has been subjected to multiple punishments for the same offense. See North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). However, appellant’s entire double jeopardy argument is seriously flawed since its basic premise, that a court-ordered suspension or revocation of an operator’s license is a “criminal punishment,” is untenable. Indeed, just the opposite is true.

The operation of an automobile is a privilege, not a right, which is subject to reasonable regulation by the state pursuant to its police power. Commonwealth, Transportation Cabinet v. Cornell, Ky.App., 796 S.W.2d 591 (1990). As a legitimately regulated privilege, the right to possess an operator’s license does not involve an inherently fundamental and constitutionally protected right. Division of Driver Licensing v. Bergmann, Ky., 740 S.W.2d 948 (1987). Moreover, proceedings to revoke or suspend a license are intended not to punish, but rather to advance the compelling state interest in protecting the public by removing drunk drivers from the highways. Butler v. Groce, Ky., 880 S.W.2d 547 (1994). Further, conviction as a habitual violator does not require proof of criminal intent to commit the offense, and the statutory restraints imposed upon the violator’s operation of a motor vehicle do not approach the levels of restraint imposed by imprisonment after criminal prosecutions. Thus, contrary to appellant’s argument, it is clear that habitual violator proceedings involve civil rather than criminal sanctions, and we find no significance in the fact that the habitual violator statutes utilize some of the same terms used in criminal statutes and prosecutions. Finally, as nothing precludes civil and criminal proceedings from sharing common goals, it is not significant that appellant’s habitual violator conduct is also punishable as a criminal offense, or that deterrence may be the goal of both types of proceedings. Hence, we conclude that there has been no violation of the protections afforded by the double jeopardy clause in criminal proceedings. See Hudson v. United States, 522 U.S. 93, 118 S.Ct. 488, 139 L.Ed.2d 450 (1997). See also Kohler v. Commonwealth, Ky.App., 944 S.W.2d 146 (1997). Our conclusion in this vein is supported by numerous authorities from other jurisdictions. See, e.g., State v. Funke, 531 N.W.2d 124 (Iowa 1995).

Next, appellant contends that the Kentucky General Assembly’s adoption of KRS 189A.070

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Related

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544 S.W.3d 652 (Court of Appeals of Kentucky, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
992 S.W.2d 852, 1998 Ky. App. LEXIS 88, 1998 WL 655727, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pletcher-v-commonwealth-kyctapp-1998.