Muni-mail – Seven-time DWI Offender Beats the Rap – State v. Hand
[12/04/10 – 10:01 pm] Last week, the Appellate Division ruled that the conviction of a seven-time DWI offender must be vacated and dismissed on double jeopardy grounds. In State v. Hand, the defendant was charged with the indictable offense of risking widespread injury or death by driving his motor vehicle on a hockey rink. He was also charged with drunk driving and related traffic tickets. The defendant entered a plea of guilty to the indictable offense in Superior Court and admitted his intoxicated operation of a motor vehicle in order to establish a factual basis for recklessness element on the indictable offense. Following the imposition of sentence in Superior Court, the defendant moved to dismiss his DWI charge on grounds of double jeopardy. The Appellate Division sustained the dismissal of the DWI case reasoning that the defendant’s indictable conviction was based upon the same evidence that would be used in the DWI case.
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