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STATE v. DeLUCA

108 N.J. 98 (1987)

527 A.2d 1355

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. LINDA DeLUCA, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 21, 1987.

Attorney(s) appearing for the Case

Larry R. Etzweiler, Deputy Attorney General, argued the cause for appellant (W. Cary Edwards, Attorney General of New Jersey, attorney).

Christopher J. LaMonica argued the cause for respondent (Wilbert & Montenegro, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

The primary question on this appeal is whether an acquittal of death by auto, N.J.S.A. 2C:11-5, should bar a subsequent prosecution for driving while under the influence (the DWI charge), N.J.S.A. 39:4-50.

After a jury trial in the Law Division, defendant was acquitted of causing death by auto. Thereafter she moved in the Dover Township Municipal Court to dismiss the DWI charge, but the court...

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