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STATE v. TEHAN

190 N.J. Super. 348 (1982)

463 A.2d 403

THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MICHAEL TEHAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Law Division Somerset County.

Decided December 23, 1982.

Attorney(s) appearing for the Case

Earl R. Ross for defendant-appellant (Earl Ross Associates, attorneys).

Lawrence D. Cirignano, Legal Assistant to the Prosecutor, for the State of New Jersey (Nicholas L. Bissell, Jr., Somerset County Prosecutor, attorney).

MEREDITH, J.S.C.

This appeal from the Municipal Court of Bedminster Township presents the novel issue of the applicability of New Jersey's drunk driving statute, N.J.S.A. 39:4-50, to operators of bicycles. The function of this court in hearing an appeal from a municipal court is to try the case de novo on the record, and to exercise independent judgment in the matter of sentence. State v. States,<...

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