Legal Opinion

State v. Costello

New Jersey Superior Court Appellate Division

Decided March 31, 1988PublishedCited by 4 opinions

1Opinion of the Court

The opinion of the court was delivered by

KING, P.J.A.D.

This unusual case involves the application of the Double Jeopardy Clause to two convictions for two acts of driving while intoxicated which took place within a two-hour period during the early morning of September 28, 1986 in Mt. Laurel. The defendant was convicted of these two violations of N.J.S.A. 39:4-50 (DWI) in the Mt. Laurel Municipal Court on February 3, 1987. On his appeal de novo on the record, R. 3:23-8, the Law Division judge found him not guilty of the second offense. The State now appeals and the defendant contends that the…

2Cases cited11 opinions

  1. Benton v. MarylandSupreme Court of the United States · 1969
  2. United States v. ScottSupreme Court of the United States · 1978
  3. Sanabria v. United StatesSupreme Court of the United States · 1978
  4. Fong Foo v. United StatesSupreme Court of the United States · 1962
  5. State v. FarmerSupreme Court of New Jersey · 1966

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3Cited by4 opinions

  1. State v. CarlsonNew Jersey Superior Court Appellate Division · 2001
  2. State v. LefkowitzNew Jersey Superior Court Appellate Division · 2000
  3. State of New Jersey v. Gale SorensenNew Jersey Superior Court Appellate Division · 2015
  4. State v. CuneoNew Jersey Superior Court Appellate Division · 1994

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