The opinion of the court was delivered by GRUCCIO, J.A.D.
Defendant appeals from the denial of a motion to dismiss the charge of operating a motor vehicle under the influence of alcohol, N.J.S.A. 39:4-50. Essential to our resolution of this case is a discussion of the questions of judicial discretion and the roles of the municipal prosecutor, municipal court clerk and defense counsel.
On December 8, 1988, defendant was stopped by a state trooper in...
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