The San Francisco Examiner from San Francisco, California • 5

Monday, May 22, 1995 A-5 SAN FRANCISCO EXAMINER Yosemite Park OAKLAND AMTRAK closed gates to car traffic frees drunk (BIW ASSOCIATED PRESS YOSEMITE NATIONAL IE- PARK For the second time in A. three years, access to YoBemite National Park has been restricted on 'A the weekend before Memorial Day s. Some courts agree yanking license is double jeopardy because the park became too crowded. Raneers stopDed day users from By Deborah Baker ASSOCIATED PRESS driving into the park for 3'a hours on Saturday and two hours on Sunday, both times during the busy midday period. During those times, the only people allowed access into Yosemi SANTA FE, N.M.

In a legal development alarming those who crusade against drunken driving, courta are permitting defendants to walk away from criminal prosecution if their licenses are already suspended, on grounds that further te Valley were bus passengers and motorists with permits or overnight reservations. that currently suspend or revoke licenses before prosecuting drunken drivers. Encouraged by a U.S. Supreme Court decision in a Montana drug case, lawyers who work on driving-while-intoxicated defenses began using the double jeopardy argument in earnest last fall. The best-known beneficiary thus far is singer John Denver, who wrecked his Porsche in August 1994 but had drunken driving charges dropped by a judge in Pitkin County, in March.

Denver had been cleared in a license revocation hearing; his lawyer argued that pursuing the court case would be double jeopardy. "I think it's the hottest thing going right now in the DWI area," said Donald Nichols, a Minneapolis lawyer who recently argued in favor of the defense before the Minnesota Court of Appeals. "It will change fundamentally the way we approach this (DWI) problem, if it's successful." The U.S. Supreme Court ruled in Montana vs. Kurth Ranch that Access was limited because al most all of the parking spaces in Yosemite Valley were taken.

The same Droblem led to re I ffrj I i-J f' 1 strictions the weekend before Me keeping the intoxicated driver off the roads. The federal government rewards the states that suspend the licenses of impaired motorists who fail or refuse to take breath or blood testa. New Mexico, for example, gets $450,000 a year. Typically, licenses are suspended for 90-120 days, but suspensions vary from state to state and can depend on whether drivers are repeat offenders. New Mexico, which ranked first in the nation in DWI deaths per capita in 1993, Suspends licenses for 90 days; if the offender is a repeater or refuses the test, it's a year.

"(License) revocation has been shown to be one of the most effective measures in reducing alcohol-related deaths," Shearouse said. "It causes us some concern when some states are, we feel, overreacting to the lower court rulings." Shearouse said the logical ex tension of the double-jeopardy argument would disallow the criminal prosecution of a lawyer who embezzled a client's money or a doctor who sexually assaulted a patient if their professional licenses had already been suspended. Since last fall, the double jeopardy defense has been raised and ruled on in at least half the states that do administrative revocations. More courta have ruled against the new argument than for it, Nichols said. Associated Press writer Jennifer Mears in the Denver bureau contributed to this report.

morial Day in 1993. But when word of the congestion and lone lines at punishment would constitute double jeopardy. Trial court judges in at least a dozen states, including New Mexico, have already dismissed drunken driving entry gates got out, traffic was much lighter on Memorial Week i irf end. resulting in no need to keep .4 people out of the park then. As in the snnne of 1993, Yosem 4 ite is drawing more visitors than John Denver ii usual this year because heavy win charges in such instances.

The argument has cropped up in most of the 37 states ter rains have made the waterfalls more spectacular than usual. -Hayward Fault a state tax on the possession and Btorage of illegal drugs amounted to punishment and constituted double jeopardy for those convicted of drug charges, violating the Fifth Amendment. Defense attorneys pounced on the ruling and applied it to DWI cases. But prosecutors argue that license revocation is a remedial measure, intended not to punish offenders but to protect the public by EXAMINER PHOTOS BY MARK COSTAMTN San C.L Dellums Amtrak Station opened in Oakland Monday with The Capi Francisco 1.4 magnitude: May 11, 5:05 a.m. 1.4' magnitude: May 11, 5:14 a.m.

tol from San Jose to Sacramento pulling at 7:15 am. The station is between 1st and 2nd streets, near Jack London Square. Dellums, uncle of Rep. Ron Dellums, helped organize the Brotherhood of Sleeping Car Porters, the first union founded by blacks, and was an NAACP leader. 1.3 magnitude: May 15, 7:16 a.m 2.0 magnitude: May 14, 9 a.m.

2.0 magnitude: May 17, 6:28 p.m. 1.7 magnitude: foasV May 15, 7:50 a.m 1 2.5 magnitude: Holllster May 16 4:14 mi 1.5 magnitude: May 12, 9 a.m. 3 5 magnitude: May 14, 8:28 a.m i I Dogs that surf, guard dog rental, hog calling person to be shown on TV. Famous animal documentary program in Japan will be in GS from 67 626. Please Fax us your Inf.Photo.

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