State of New Jersey, Plaintiff-Respondent v. Russell P. Dively, Defendant-Appellant

Summary

The Supreme Court of New Jersey held that the defendant's subsequent prosecution for death by auto violated the Double Jeopardy Clause because reckless driving is a lesser‑included offense of the greater offense. The Court reversed the Appellate Division and remanded for entry of a judgment of acquittal. The decision rests on the Blockburger, Brown and Vitale tests and on the view that municipal‑court motor‑vehicle violations are offenses subject to double‑jeopardy protection.