The opinion of the court was delivered by BAIME, J.A.D.
Following a fatal motor vehicle accident, defendant was charged with death by auto (N.J.S.A. 2C:11-5), driving while under the influence of alcohol (N.J.S.A. 39:4-50a), making an improper turn (N.J.S.A. 39:4-123(b)) and drinking underage in a public place (N.J.S.A. 2C:33-15). The Ocean County grand jury returned a no bill with respect to the charge of death by auto. Thereafter, defendant...
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