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STATE v. DiFRANCISCO

232 N.J. Super. 317 (1988)

556 A.2d 1307

STATE OF NEW JERSEY, PLAINTIFF, v. ROBERT DIFRANCISCO, DEFENDANT.

Superior Court of New Jersey, Law Division Burlington County.

Decided August 31, 1988.

Attorney(s) appearing for the Case

Joel A. Finkelstein for defendant (Robert A. Sand, attorney).

Thomas J. Cleary for plaintiff (Stephen G. Raymond, Burlington County Prosecutor, attorney).

HAINES, A.J.S.C.

This opinion, written in response to an appeal from a municipal court conviction of driving while intoxicated (DWI), addresses two issues: (1) What is a "reasonable time" within which a breathalyzer test must be performed in accordance with State v. Tischio, 107 N.J. 504 (1987)? (2) Can a drunk driving conviction be sustained when defendant is apprehended behind...

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