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Simile v. State

A university's imposition of administrative penalties arising out of a student's on-campus DUI did not bar the student's criminal prosecution for the same conduct.

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Craig Burton Simile appeals from the trial court’s denial of his plea of former jeopardy in his DUI prosecution, based upon the imposition by the Georgia Institute of Technology Georgia Tech of administrative penalties arising from the same conduct.

On August 20, 1999, a week before classes began, at approximately 3:30 a.m., Officer Hayes of the Georgia Tech Police Department saw a car laying drag in the parking lot of the Physics Building. She pulled the car over and, upon approaching Simile, the driver, noticed a strong odor of alcohol, slurred speech, bloodshot eyes, and that his clothing was in disarray. Asked how much he had had to drink, Simile said “enough not to be able to drive.” Although Simile refused to participate in field testing, Officer Hayes conducted an Alcosensor test, which was positive for alcohol, and then placed him under arrest. An Intoxilyzer 5000 breath test was conducted at 4:12 a.m. and Simile registered .160.

 
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