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STATE v. HICKS

228 N.J. Super. 541 (1988)

550 A.2d 512

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. NED M. HICKS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 16, 1988.

Attorney(s) appearing for the Case

Catherine M. Langlois argued the cause for appellant.

James J. Janci, Assistant Warren County Prosecutor, argued the cause for respondent (Richard C. Hare, Warren County Prosecutor, attorney; James J. Janci on the brief).

Before Judges PRESSLER, O'BRIEN and STERN.

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

N.J.S.A. 39:4-50.2 requires the operator of a motor vehicle to give his consent to the taking of a breathalyzer examination upon arrest for driving under the influence of an intoxicating liquor (DWI), N.J.S.A. 39:4-50(a).1 A provision of that statute, N.J.S.A. 39:4-50.2(c), provides:

In addition to the samples taken and tests made at the direction of...

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