Tarr v. State

MOORE, Justice.

The defendant, Martha P. Tarr, appeals her conviction in the Superior Court of first degree vehicular homicide. She contends that the State was precluded by the double jeopardy clauses of the United States and Delaware Constitutions 1 from bringing the charge against her because of her earlier election to participate in a first offender’s program for those charged with drunken driving.

We conclude that the defendant is not entitled to the protection she seeks. Jeopardy for vehicular homicide did not attach when she voluntarily chose to enroll in the first offender’s program, a…