State v. Muniz

In State v. Muniz, 118 N.J. 319, 571 A.2d 948 (1990), the Court held that the lesser included motor vehicle offense were to be brought to the attention of the jury, but had to be determined by the judge. The Court also stated: "We conclude that with respect to the joinder of lesser-included offenses, the Code standards do not permit and common law policies do not require, the simultaneous submission to and the disposition by a jury of motor vehicle violation in conjunction with its determination of offenses under the Code." Id. at 331-332, 571 A.2d 948.