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STATE v. LUTZ

309 N.J. Super. 317 (1998)

STATE OF NEW JERSEY, PLAINTIFF/RESPONDENT, v. GARY LUTZ, JR., DEFENDANT/APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1998.

Attorney(s) appearing for the Case

John Menzel, argued the cause for appellant.

Thomas Cannavo, Assistant Prosecutor, argued the cause for respondent (E. David Millard, Ocean County Prosecutor, attorney; Mr. Cannavo, of counsel and on the brief).

Before Judges CONLEY, WALLACE and CARCHMAN.

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

Defendant was found guilty in the Point Pleasant Borough Municipal Court of driving under the influence of alcohol, N.J.S.A. 39:4-50, and careless driving, N.J.S.A. 39:4-97. He was acquitted of a seat belt charge. After merger, for his third DWI conviction, defendant was sentenced to serve 180 days in jail; to pay a $1,000 fine, a $100 surcharge, a $50 V.C.C.B. penalty, a $75 Safe Neighborhood...

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