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ROMANO v. STATE OF NEW JERSEY

190 N.J. Super. 554 (1983)

464 A.2d 1170

WILLIAM ROMANO, RAYMOND AKERSTEN, DONALD HAND, LAWRENCE O'BRIEN, BRUCE DECHER, JOSEPH AMATO, AND RICHARD STROPOLLI, PLAINTIFFS-APPELLANTS, CROSS-RESPONDENTS, v. IRWIN I. KIMMELMAN, IN HIS OFFICIAL CAPACITY AS THE ATTORNEY GENERAL OF THE STATE OF NEW JERSEY; CLINTON PAGANO, IN HIS OFFICIAL CAPACITY AS COLONEL OF THE NEW JERSEY STATE POLICE AND THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS, CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 27, 1983.

Attorney(s) appearing for the Case

Francis X. Moore and John J. McDermott argued the cause for appellants, cross-respondents (Francis X. Moore and Thomas J. Smith, attorneys and on the brief).

Boris Moczula, Deputy Attorney General, argued the cause for respondents, cross-appellants (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Boris Moczula of counsel and on the brief).

Before Judges POLOW, FRANCIS and McELROY.

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

The seven plaintiffs, all charged with operating motor vehicles while under the influence of intoxicating liquor in violation of N.J.S.A. 39:4-50, instituted this action in the Superior Court alleging that use of "the Breathalyzer 900 and 900A by the State" deprives them and all others similarly situated of due process rights under the United States Constitution and of "rights, privileges and immunities...

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