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STRELECKI v. COAN

97 N.J. Super. 279 (1967)

235 A.2d 37

JUNE STRELECKI, ACTING DIRECTOR OF THE DIVISION OF MOTOR VEHICLES IN THE DEPARTMENT OF LAW AND PUBLIC SAFETY OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WALTER L. COAN, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 26, 1967.

Attorney(s) appearing for the Case

Mr. William C. Baggitt argued the cause for appellant (Messrs. Baggitt and Stonaker, attorneys, Mr. Joseph L. Stonaker on the brief).

Mr. Remo M. Croce, Deputy Attorney General, argued the cause for respondent (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Before Judges KILKENNY, CARTON and MATTHEWS.

The opinion of the court was delivered by KILKENNY, J.A.D.

William Coan appeals from an order of the Director of the Division of Motor Vehicles revoking his automobile driving privileges for six months because of his refusal to submit to the breath alcohol determination test provided for in N.J.S.A. 39:4-50.2.

Coan's primary contention is that he was not placed under arrest until after his refusal to submit to the test, whereas N.J.S.A.

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