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STATE v. CUNEO

275 N.J. Super. 16 (1994)

645 A.2d 151

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RICHARD CUNEO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 5, 1994.

Attorney(s) appearing for the Case

Christopher H. Riley, Jr., attorney for appellant (James R. Swift, of counsel and on the brief).

Basile, Testa & Testa, attorneys for respondent (Harold U. Johnson, Jr., of counsel and on the brief).

Before Judges KING, HAVEY and ARNOLD M. STEIN.

The opinion of the court was delivered by KING, P.J.A.D.

This case concerns the application of the doctrine of double jeopardy where a defendant charged with DWI and other motor vehicle offenses submits to a municipal court trial on the sole issue of operation. We conclude that jeopardy attached to the proceeding. The State cannot appeal an adverse determination and, if successful, seek to retry the defendant after the adjudication of nonoperation is made. The adjudication...

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