STATE v. PRICKETT


240 N.J. Super. 139 (1990)

572 A.2d 1166

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. LESLIE D. PRICKETT, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Submitted January 26, 1990.

Decided April 4, 1990.


Attorney(s) appearing for the Case

Schuman, Butz, Bezdecki & Scalia, attorneys for appellant (Edward F. Bezdecki, on the letter brief).

James W. Holzapfel, Ocean County Prosecutor, attorney for respondent (Samuel Marzarella, Assistant County Prosecutor, on the brief).

Before Judges KING and GRUCCIO.


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

Defendant appeals from the denial of a motion to dismiss the charge of operating a motor vehicle under the influence of alcohol, N.J.S.A. 39:4-50. Essential to our resolution of this case is a discussion of the questions of judicial discretion and the roles of the municipal prosecutor, municipal court clerk and defense counsel.

On December 8, 1988, defendant was stopped by a state trooper in...

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