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STATE v. LUTZ

149 N.J. Super. 470 (1977)

374 A.2d 54

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FRANK LUTZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 17, 1977.

Attorney(s) appearing for the Case

Mr. Gregory April argued the cause for appellant (Mr. Philip N. Saginario, attorney).

Mr. R. Scott Rosmarin, Assistant Prosecutor, argued the cause for respondent (Mr. Donald G. Collester, Jr., Morris County Prosecutor, attorney).

Before Judges HALPERN, ALLCORN and BOTTER.

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

Defendant appeals his conviction for driving while under the influence of intoxicating liquor (N.J.S.A. 39:4-50(a)). Since this was his second offense he was sentenced to the county jail for a period of three months and his driving privileges forfeited for a period of ten years pursuant to statute.

Defendant's appeal is based primarily on the fact...

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