concurring.
While I agree with much of Justice Levine’s dissent, I remain persuaded that State v. Zimmerman, 539 N.W.2d 49 (N.D.1995), was correctly decided. That precedent compels reversal here. Under either the United States Constitution or the North Dakota Constitution, I continue to believe the temporary loss of the driving privilege is mainly remedial for the good of the traveling public, not mainly punishment so that a later criminal prosecution might violate either constitutional prohibition against multiple prosecutions.
Particularly, I share Justice Levine’s view of appellees’ arguments as “thoughtful.” I would add that they display exemplary advocacy!
I join in Justice Levine’s conclusion that Allesi’s unstudied pronouncement, that what is present Art. I, § 12 of the North Dakota Constitution intended the same result “mandated by the Fifth Amendment to the United States Constitution,” was demonstrably “unsupported by authority or reasoning, and it deserves no further adherence.” I therefore agree with her valedictory view that “our legislature has provided our citizens more double jeopardy protection than granted by the federal constitution,” and that we should interpret our North Dakota Constitution’s Double Jeopardy Clause independently. But I do not agree that compels a different result in this case.
A temporary forfeiture of the privilege to drive on public highways cannot be mainly punishment that triggers double jeopardy protection. Still, it remains to be determined to what extent forfeiture of substantial money or physical property, as a penalty for criminal conduct, may be punishment that *155triggers double jeopardy protection under the North Dakota Constitution or the United States Constitution. See United States v. Ursery, 59 F.3d 568 (6th Cir.1995), cert. granted, — U.S. -, 116 S.Ct. 762, 133 L.Ed.2d 707 (1996); United States v. $405,-089.23 U.S. Currency, 33 F.3d 1210 (9th Cir.1994), cert. granted, — U.S. -, 116 S.Ct. 762, 133 L.Ed.2d 707 (1996). Compare Bennis v. Michigan, — U.S. -, 116 S.Ct. 994, 134 L.Ed.2d 68 (1996) (5-4 decision that forfeiture of innocent co-owners interest in auto used by spouse in sexual activity with a prostitute does not offend Due Process Clause or Takings Clause). When we too confront those complex questions, I believe that Justice Levine’s separate opinion in this case may very well play an important part in our deliberations.