State

THOMPSON, Chief Judge.

On January 15,1982, Robert Mullikin, the respondent, was involved in an automobile accident and was arrested by the Newark Police Department. He was charged with driving under the influence, leaving the scene of the accident, and careless driving. In Alderman’s Court in the City of Newark, the respondent pled guilty on February 3, 1982 to the careless driving charge and nolo contendere to a charge of leaving the scene of an accident.

The present controversy stems from the State’s prosecution in this Court of the driving under the influence charge. Counsel for the…