mikesheridan5
New Member
In 1994, I plead guilty to having a controlled substance in my car (marijuana) I was sentenced to a fine and self probation. within 2 weeks later i received notice from the DOT suspending my license for 180 days. Later i read an article in our local newspaper discussing it being unconstitutional. For years i searched for this document without luck. finally in the internet age I was able to find some articles relating to the license revocation.
Is there any legal action I can take against the DOT? Following the suspension I was denied repeatedly for a work permit, Knowingly driving wihtout a license was only due to the fact that I had no other means of transportation (keep in mind this is Iowa). In the case record there is a spot that states "Licence Rev" and it states N.
From my research, there are some similar cases to which the revocation of a license after receiving a sentence for the crime was considered double jeopardy due to being already convicted and sentenced for the such crime as the revocation was not apart of the sentence. I now know that they do include the license revocation in sentence which makes me believe i may have a case.
Some information regarding my assumptions:
Iowa Code section 321.2O9(8) (1995)
www druglibrary org/olsen/dpf/dressler.htm
To support his argument, Dressler relies heavily on two recent
United States Supreme Court decisions: United States v. Halper, 490
U.S. 435, 109 S.Ct. 1892, 104 L.Ed.24 487 (1989), and Montana
Department of Revenue v. Kurth Ranch, 511 U.S. ___, 114 S.Ct. 1937,
128 L.Ed.2d 767 (1994).
Is there any legal action I can take against the DOT? Following the suspension I was denied repeatedly for a work permit, Knowingly driving wihtout a license was only due to the fact that I had no other means of transportation (keep in mind this is Iowa). In the case record there is a spot that states "Licence Rev" and it states N.
From my research, there are some similar cases to which the revocation of a license after receiving a sentence for the crime was considered double jeopardy due to being already convicted and sentenced for the such crime as the revocation was not apart of the sentence. I now know that they do include the license revocation in sentence which makes me believe i may have a case.
Some information regarding my assumptions:
Iowa Code section 321.2O9(8) (1995)
www druglibrary org/olsen/dpf/dressler.htm
To support his argument, Dressler relies heavily on two recent
United States Supreme Court decisions: United States v. Halper, 490
U.S. 435, 109 S.Ct. 1892, 104 L.Ed.24 487 (1989), and Montana
Department of Revenue v. Kurth Ranch, 511 U.S. ___, 114 S.Ct. 1937,
128 L.Ed.2d 767 (1994).
