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STATE v. DeLUCA

208 N.J. Super. 422 (1986)

506 A.2d 55

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. LINDA DELUCA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 6, 1986.

Attorney(s) appearing for the Case

Mark J. Cassidy, Assistant Ocean County Prosecutor, argued the cause for appellant (Edward J. Turnbach, Ocean County Prosecutor, attorney; Mark J. Cassidy, of counsel and on the brief).

Christopher J. LaMonica argued the cause for respondent (Wilbert & Montenegro, attorneys; Christopher J. LaMonica, of counsel and on the brief).

Before Judges MICHELS, GAULKIN and STERN.

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

Plaintiff State of New Jersey (State) appeals from a judgment of the Law Division that dismissed a Dover Township Municipal Court complaint charging defendant Linda DeLuca (defendant) with operating a motor vehicle while under the influence of alcohol, a violation of N.J.S.A. 39:4-50. Judge Giovine, in the Law Division, held that requiring defendant...

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