A law enforcement officer or prosecuting attorney shall have discretion to not seek a restraining order pursuant to P.L. 1999, c. 334(C.2C:35-5.4 et seq.) if the defendant is charged with an offense resulting from the stop of a motor vehicle, if the defendant was using public transportation, or if the provisions of paragraph (1) or (2) of subsection e. of section 4 of P.L. 1999, c. 334(C.2C:35-5.7) are applicable.
N.J.S. § 2C:35-5.10