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STATE v. ONE 1986 SUBARU

230 N.J. Super. 451 (1989)

553 A.2d 869

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, CROSS-RESPONDENT, v. ONE 1986 SUBARU, N.J. REG. AXB-13X, SERIAL NO. JFIAX45B3GB302047, DEFENDANT-RESPONDENT, CROSS-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 9, 1989.

Attorney(s) appearing for the Case

John S. Redden, Deputy First Assistant Prosecutor, argued the cause for appellant, cross-respondent (Herbert H. Tate, Jr., Prosecutor of Essex County, attorney; John S. Redden of counsel and on the brief).

Ralph A. Colasanti argued the cause for respondent, cross-appellant.

Before Judges J.H. COLEMAN, DEIGHAN and BAIME.

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

The crucial questions raised in this appeal are whether (1) an automobile used to cause the death of another, contrary to N.J.S.A. 2C:11-5, is subject to forfeiture under N.J.S.A. 2C:64-1a(2) and (2) an unjustifiable delay in serving the summons and complaint for forfeiture warrants dismissal of the complaint. The trial judge dismissed the verified complaint for forfeiture on the ground...

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