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STATE v. DIVELY

92 N.J. 573 (1983)

458 A.2d 502

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RUSSELL P. DIVELY, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided April 14, 1983.

Attorney(s) appearing for the Case

Herbert I. Waldman, Designated Counsel, argued the cause for appellant (Joseph H. Rodriguez, Public Defender, attorney).

Larry R. Etzweiler, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by SCHREIBER, J.

On April 7, 1979 the defendant, Russell Dively, met his son at a local bar in Pemberton Township. The defendant became intoxicated. Despite his son's efforts to restrain him, the defendant took the keys to his car and drove away. On the way to his home, he failed to negotiate a curve on Magnolia Road in Pemberton Township, crossed the center line, struck a vehicle traveling in the opposite direction, and caused...

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