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STATE v. SAULINA

177 N.J. Super. 264 (1980)

426 A.2d 513

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. SAM L. SAULINA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided December 16, 1980.

Attorney(s) appearing for the Case

Samuel V. Convery argued the cause for appellant.

Jennifer Gottschalk, Assistant Prosecutor, argued the cause for respondent (Alexander D. Lehrer, Prosecutor of Monmouth County, attorney; Mark P. Stalford, Assistant Prosecutor, on the brief).

Before Judges BOTTER, KING and McELROY.

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

This case presents a question of interpretation under the "hit-and-run" section of our motor vehicle code, N.J.S.A. 39:4-129. On January 21, 1980 defendant was convicted of a violation of subsection (a) in the Marlboro Municipal Court and the mandatory $100 fine for a first violation of that subsection was imposed.1 On appeal to the Law Division, defendant was again

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