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STATE v. COSTELLO

224 N.J. Super. 157 (1988)

539 A.2d 1258

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. PHILLIP COSTELLO, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 31, 1988.

Attorney(s) appearing for the Case

Jeanne T. Covert, Assistant Prosecutor, argued the cause for appellant (Stephen G. Raymond, Prosecutor of Burlington County, attorney).

Stephen W. Kirsch argued the cause for respondent (Francis J. Hartman, attorney).

Before Judges KING, GAULKIN and GRUCCIO.

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...

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