PTI rejection Upheld in DWI/Assault by Auto Case – State v. Moreas-Pena

This Appellate Division holding stands for the proposition that the county prosecutor did not abuse his discretion when rejecting a PTI application from a defendant who pled guilty to assault by auto while intoxicated.

Note the Court’s criticism of the procedures used here in that the PTI appeal to the Law Division followed a guilty plea. Note in addition how the Court questioned the practice of remanding the DWI ticket to municipal court after the defendant had pled guilty to an offense in Superior Court that has DWI as an element.

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