State New Hampshire V. Kenneth Fitzgerald State New Hampshire V. Kenneth Fitzgerald

State New Hampshire V. Kenneth Fitzgerald

NH.29 , 622 A.2d 1245, H. 23 (1993)(137 N)

    • £0.49
    • £0.49

Publisher Description

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.

GENRE
Professional & Technical
RELEASED
1993
30 March
LANGUAGE
EN
English
LENGTH
8
Pages
PUBLISHER
LawApp Publishers
SIZE
66.6
KB

More Books by Supreme Court of New Hampshire

A. Perley Fitch Company v. Continental A. Perley Fitch Company v. Continental
1954
George W. Roberts v. Tamworth & A. George W. Roberts v. Tamworth & A.
1950
Morris Rosenblum & A. v. John F. Griffin Morris Rosenblum & A. v. John F. Griffin
1938
Roy Rudolph v. Romeo J. Lavigne Roy Rudolph v. Romeo J. Lavigne
1943
State New Hampshire v. Virginia Renfrew State New Hampshire v. Virginia Renfrew
1982
Hydraform Products Corporation v. American Hydraform Products Corporation v. American
1985