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STATE v. TEARE

135 N.J. Super. 19 (1975)

342 A.2d 556

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOHN TEARE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Remanded February 6, 1975.

Reargued June 3, 1975.

Decided June 25, 1975.

Attorney(s) appearing for the Case

Mr. R. Benjamin Cohen, Assistant Prosecutor, argued the cause for appellant (Mr. Joseph P. Lordi, Essex County Prosecutor, attorney; Mr. Robert L. Martin, Assistant Prosecutor, of counsel and on the brief).

Mr. George J. Minish argued the cause for respondent (Messrs. Minish and Dooley, attorneys).

Mr. Richard W. Berg, Deputy Attorney General, submitted a Statement in Lieu of Brief on Remand for the amicus curiae (Mr. William F. Hyland, Attorney General).

Before Judges KOLOVSKY, LYNCH and ALLCORN.

PER CURIAM.

Defendant, who was charged with operating a motor vehicle while under the influence of intoxicating liquor (N.J.S.A. 39:4-50(a)), was given a breathalyzer test, with his consent, a short time after his arrest. The reading obtained, .20% alcohol in the blood by weight, would establish prima facie evidence of a violation of the statute. See N.J.S.A. 39:4-50.1. When defense counsel requested that he be permitted to examine the test ampoule used...

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