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STATE v. MILLER

220 N.J. Super. 106 (1985)

531 A.2d 742

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EDWIN R. MILLER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 14, 1985.

Attorney(s) appearing for the Case

Michael D. Schottland argued the cause for appellant (Chamlin, Schottland, Rosen, Cavanagh & Uliano, attorneys; Michael D. Schottland on the brief).

Kathleen P. Holly, Assistant Prosecutor, argued the cause for respondent (Nicholas L. Bissell, Jr., Somerset County Prosecutor, attorney; Kathleen P. Holly on the letter brief).

Before Judges COHEN and BAIME.

PER CURIAM.

Defendant was charged with "drunk driving" contrary to N.J.S.A. 39:4-50. There was testimony in the municipal court relating to defendant's operation of his vehicle and his performance of clinical tests. Two breathalyzer tests were administered, resulting in readings of .11% blood alcohol 30 minutes after defendant's arrest and .12% nine minutes later. Defendant testified he had had two scotches between 7 and 8 p.m., two

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