DWI/DUI Dismissed On Double Jeopardy Grounds

STATE V. HAND, DOCKET NO.  A-3901-09T3

"In this appeal by the State, we determine whether a guilty
plea to fourth-degree  creating a risk of widespread injury or
death, N.J.S.A. 2C:17-2(c), precluded  defendant's subsequent
prosecution in municipal court for certain motor vehicle 2
offenses.  Defendant moved before the municipal court to dismiss
the motor vehicle charges on double jeopardy grounds.  The
municipal judge denied the motion.  On appeal de novo to the Law
Division, Judge Kyran Connor granted the motion, vacating the
guilty pleas and dismissing the  complaint on double jeopardy
grounds.  We affirm."

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