Commonwealth v. Mitchell

CAVANAUGH, Judge:

Is appellant, John T. Mitchell’s conviction violative of the constitutional proscription against double jeopardy as recently interpreted by the United States Supreme Court in Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990)?

Mitchell was observed by a police officer exiting from an overturned vehicle. After being taken to the hospital for treatment, he was discovered to have a blood alcohol level of .331. His driving status at the time was that his operator’s license had been revoked. He was first prosecuted for the charge of operating a vehicle while…