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NOT APPROVED FOR PUBLICATION AUTOMOBILES — MOTOR VEHICLE VIOLATIONS05-2-5110 State v. Torres, App. Div. (per curiam) (12 pp.) The issue on appeal is

whether the State is barred from prosecuting motor vehicle offenses arising out of the same incident which gave rise to a criminal indictment that was dismissed three years before. Although finding application of the same elements test does not result in double jeopardy prohibiting the prosecution of the motor vehicle offenses, the appellate panel nonetheless finds that consideration of fundamental fairness mandates dismissal due to the delay in prosecution. Daily 8/25

KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030 D

website: www.njlaws.com

Re:

Dear

Very truly yours,

KENNETH A. VERCAMMEN, KAV/ Enc.


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