STATE v. HOWARD


892 A.2d 751 (2006)

383 N.J. Super. 538

STATE of New Jersey, Plaintiff-Respondent, v. Thomas R. HOWARD, Jr., M.D., Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 8, 2006.


Attorney(s) appearing for the Case

Richard F. Klineburger, III, Haddonfield, argued the cause for appellant (Klineburger & Nussey, attorneys; Glenn A. Zeitz and Jordan G. Zeitz, on the brief).

John C. Wright, Assistant Salem County Prosecutor, argued the cause for respondent (John T. Lenahan, Salem County Prosecutor, attorney; Mr. Wright, on the brief).

Before Judges LINTNER, PARRILLO and GILROY.


The opinion of the court was delivered by

GILROY, J.S.C. (temporarily assigned).

Defendant, Dr. Thomas R. Howard, Jr., appeals from his conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50(a), after a trial de novo in the Law Division. The primary issue presented on appeal is whether the State is required to prove that a defendant has been advised of his or her right to independent testing pursuant to N.J.S.A. 39:4-50.2(c) and (d...

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