The defendant, Kenneth Fitzgerald, was indicted on one count of negligent homicide stemming from a motor vehicle accident.
The Superior Court (Gray, J.) dismissed the indictment on double jeopardy grounds, deciding that the defendant had already
been prosecuted for his conduct when he was found guilty of failing to stop at a red light, a traffic violation under RSA
265:2 and RSA 265:10. On appeal, the State argues that a conviction of a traffic violation is not a criminal prosecution,
and therefore double jeopardy protections do not apply. We reverse. On February 5, 1990, the defendant's motor vehicle collided with another automobile at the intersection of Routes 51 and
88 in Exeter. As a result of injuries sustained in the collision, Joan E. Ellis, the driver of the second automobile, died
on February 12. On March 14, the defendant was charged with failing to stop for a traffic light, in violation of RSA 265:10
of the motor vehicle rules of the road. On May 31, the defendant pleaded nolo contendere in Exeter District Court, was found
guilty, and was ordered to pay a sixty dollar fine and a nine dollar penalty assessment.