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STATE v. DICKENS

130 N.J. Super. 73 (1974)

325 A.2d 353

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EARLY DICKENS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 25, 1974.

Attorney(s) appearing for the Case

Mr. Christopher D. Armstrong argued the cause for appellant (Messrs. Armstrong & Little, attorneys).

Mr. Steven Leonard Strelitz, Deputy Attorney General, argued the cause for respondent (Mr. William F. Hyland, Attorney General of New Jersey, attorney; Mr. David S. Baime, Deputy Attorney General, of counsel).

Before Judges FRITZ, LYNCH and MICHELS.

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

Defendant was found asleep in his automobile on the shoulder of Interstate Highway 287 in Piscataway Township, New Jersey, in the early hours of March 25, 1973 by a State Trooper. Defendant was alone in the automobile. The headlights were on, and the engine was running. After the state trooper was finally able to awaken defendant, he was arrested for operating a motor vehicle under the influence of intoxicating...

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