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STATE v. PESTANA

303 N.J. Super. 146 (1997)

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSE PESTANA, HOLGATE, R.W. VOGEL, INC., MICHAEL FUSCHINI, TODD MUSO, MURSIER SMITH, HOE EXCAVATING, JONATHAN HORNER, ENVIRONMENTALLY CLEAN NATURALLY, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 10, 1997.

Attorney(s) appearing for the Case

John M. Krenzel and Leisah C. Bluespruce argued the cause for appellants (Raczkowski & Krenzel, attorneys; Thaddeus C. Raczkowski and Leisah C. Bluespruce, on the brief).

Simon Louis Rosenbach, Assistant Prosecutor argued the cause for respondent (Robert W. Gluck, Middlesex County Prosecutor, attorney; Mr. Rosenbach, of counsel and on the brief).

Before Judges SHEBELL and DREIER.

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

Defendants appeal from convictions for violations of the speeding and overweight statute applicable to construction (constructor) plated vehicles. N.J.S.A. 39:3-20b. After a conviction in the Law Division following a trial de novo on the municipal court record, defendants appeal, raising four points:

POINT I "Constructor" Registered Vehicles Are Exempt From the Axle...

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