State v. Rondinone

The opinion of the court was delivered by

CONLEY, J.A.D.

Defendant appeals a conviction of N.J.S.A. 39:4r-50 by the Superior Court on his de novo appeal from a conviction by the municipal court. The trial court’s opinion is reported at 291 N.J.Super. 489, 677 A.2d 824 (Law Div.1996). Defendant’s primary contention is that N.J.SA 39:5-3, which provides for issuance of a summons within 30 days for a violation of Title 39 offenses, bars his conviction under the circumstances here.

*497Here is how the issue arises. On August 20, 1994, defendant was charged with driving while intoxicated, contrary to…