Originally published Thursday, August 20, 2009 at 11:05 AM
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DUI driver who crossed Ore. line can be prosecuted
The Washington Supreme Court says a drunken driver who crossed into Oregon on Interstate 5 can be prosecuted in this state, even though he's already been convicted in Oregon.
The Associated Press
The Washington Supreme Court says a drunken driver who crossed into Oregon on Interstate 5 can be prosecuted in this state, even though he's already been convicted in Oregon.
Santiago Rivera-Santos argued that being prosecuted in both states is a violation his constitutional right to be free from double-jeopardy.
But Washington's high court unanimously disagreed Thursday, saying he's not being prosecuted twice for the same crime, but for two different ones: driving drunk in Oregon, and driving drunk in Washington.
Rivera-Santos was arrested by Portland police in January 2007 after Washington State Patrol officers followed him into Oregon and called for assistance. He had been swerving and he registered a .17 on a breath test - about twice the legal limit.
Copyright © The Seattle Times Company
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