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STATE v. DETRICK

192 N.J. Super. 424 (1983)

470 A.2d 933

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. FREDERICK M. DETRICK, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 18, 1983.

Attorney(s) appearing for the Case

Stephen G. Raymond, Burlington County Prosecutor, attorney for appellant (Brian G. Flanagan, Assistant Prosecutor, of counsel).

James Logan, Jr., attorney for respondent (Robert L. Sloan, on the brief).

Before Judges MATTHEWS, J.H. COLEMAN and GAULKIN.

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

Defendant was convicted in the Pemberton Township Municipal Court of driving while under the influence of alcohol. N.J.S.A. 39:4-50. On his appeal, the Law Division dismissed the complaint "due to the [Municipal] Court's lack of exercise of discretion in allowing time elapse to occur as to trial of this matter." The State appeals.

The facts relevant to the appeal are undisputed. The summons was...

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