STATE v. LYONS


152 N.J. Super. 533 (1977)

378 A.2d 83

STATE OF NEW JERSEY, PLAINTIFF, v. PATRICK LYONS, DEFENDANT.

Superior Court of New Jersey, Morris County Court.

August 22, 1977.


Attorney(s) appearing for the Case

Mr. Craig V. O'Connor, Assistant County Prosecutor, for State of New Jersey (Mr. Peter D. Manahan, Prosecutor of Morris County, attorney).

Mr. Stuart C. Nisenson for defendant (Mr. Donald A. Rosenfelt, attorney).


STANTON, J.C.C.

This case raises the question whether a person who operates a motorized bicycle (moped) while under the influence of intoxicating liquor may be found guilty of violating the Drunken Driver Statute, N.J.S.A. 39:4-50, which provides penalties for a person "who operates a motor vehicle while under the influence of intoxicating liquor". There is no controlling appellate court authority. In a reported...

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