STATE v. GATELY


204 N.J. Super. 332 (1985)

498 A.2d 1271

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. WALTER J. GATELY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 8, 1985.


Attorney(s) appearing for the Case

William G. Brigiani argued the cause for appellant (Brigiani, Gelzer, Cohen & Schneider, attorneys; Joanna Boretti on the brief).

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

Before Judges FURMAN, PETRELLA and COHEN.


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

In a municipal court trial defendant was acquitted of driving a motor vehicle while under the influence of alcohol, N.J.S.A. 39:4-50, and convicted of refusing to submit to a breathalyzer test, N.J.S.A. 39:4-50.4a. His acquittal was on the ground of reasonable doubt whether he was the operator of his own motor vehicle. He admitted that he was...

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