STATE v. MICHALEK


207 N.J. Super. 340 (1985)

504 A.2d 155

THE STATE OF NEW JERSEY PLAINTIFF, v. WAYNE J. MICHALEK DEFENDANT.

Superior Court of New Jersey, Law Division Bergen County.

Decided October 1, 1985.


Attorney(s) appearing for the Case

Robert Olejar for plaintiff (Larry McClure, Bergen County Prosecutor, attorney).

William P. Higgins for defendant (Corcoran & Higgins, attorneys).


LESEMANN, J.S.C.

This is an appeal from a municipal court conviction for violating N.J.S.A. 39:4-50(a), by permitting another person who was "under the influence of intoxicating liquor" or who had a "blood alcohol concentration of 0.10% or more" to operate defendant's motor vehicle. The case raises the unresolved question of whether, in a prosecution for that offense, the State must show that the owner of the vehicle either knew or reasonably should have known...

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