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STATE v. DiCARLO

67 N.J. 321 (1975)

338 A.2d 809

STATE OF NEW JERSEY, APPELLANT, v. PAUL DiCARLO, RESPONDENT.

The Supreme Court of New Jersey.

Decided May 13, 1975.

Attorney(s) appearing for the Case

Mr. Julian Wilsey, Deputy Attorney General, argued the cause for appellant (Mr. William F. Hyland, Attorney General, attorney; Mr. Wilsey, of counsel and on the brief).

Mr. Carl D. Poplar argued the cause for respondent.

The opinion of the Court was delivered by MOUNTAIN, J.

Defendant was convicted in the Gloucester Township Municipal Court of having violated N.J.S.A. 39:4-50(a). This statute provides for the imposition of a fine or prison sentence, as well as temporary forfeiture of driving privileges, in the event a person is found to have been operating a motor vehicle "... while under the influence of intoxicating liquor, [or a] narcotic, hallucinogenic or habit-producing...

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