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STATE v. TODARO

242 N.J. Super. 177 (1990)

576 A.2d 307

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSEPH R. TODARO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 1990.

Attorney(s) appearing for the Case

Venturi & Schlich, attorneys for appellant (Shaun R. Schlich, of counsel and on the brief).

John Kaye, Monmouth County Prosecutor, attorney for respondent (Mark P. Stalford, Assistant Prosecutor, of counsel and on the letter brief).

Robert J. Del Tufo, Attorney General, submitted an amicus curiae brief (Boris Moczula, Deputy Attorney General, of counsel and on the brief).

Before Judges PRESSLER, LONG and LANDAU.

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

In a municipal court proceeding defendant Joseph R. Todaro was found guilty of refusal to submit to a breathalyzer test pursuant to N.J.S.A. 39:4-50.2 and 39:4-50.4a. Todaro was assessed a $350 fine plus $15 court costs and received a six-month revocation of his driver's license. On de novo review in the Superior Court, Law Division, Todaro was again found to have refused the breathalyzer test...

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