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STATE v. TEARE

133 N.J. Super. 338 (1975)

336 A.2d 496

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

Superior Court of New Jersey, Appellate Division.

Decided February 6, 1975.

Attorney(s) appearing for the Case

Mr. R. Benjamin Cohen, Assistant Prosecutor, argued 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 for respondent (Messrs. Minish and Dooley, attorneys).

Mr. Richard W. Berg, Deputy Attorney General, argued for Mr. William F. Hyland, Attorney General of New Jersey, amicus curiae.

Before Judges KOLOVSKY, LYNCH and ALLCORN.

PER CURIAM.

In this case, wherein defendant was charged with operating a motor vehicle while under the influence of intoxicating liquor (N.J.S.A. 39:4-50(a)), the State, by leave granted, appeals from an order suppressing the results of a breathalyzer test which had been administered to defendant.1 The trial court granted the motion to suppress, basically for the reason that, pursuant to practice, the ampoule used in the test had...

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