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STATE v. ALLEX

257 N.J. Super. 16 (1992)

608 A.2d 1

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HARRY P. ALLEX, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 1992.

Attorney(s) appearing for the Case

John S. Furlong argued the cause for appellant.

James L. McConnell, Assistant Prosecutor, argued the cause for respondent (Nicholas L. Bissell, Jr., Somerset County Prosecutor, attorney; James L. McConnell, of counsel and on the letter brief).

Before Judges GAULKIN, MUIR, Jr. and LANDAU.

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

On this appeal it is once again argued that subjective evidence of a medical expert is admissible to countervail the results of properly administered breathalyzer tests. Once again the contention is rejected.

"[I]ntoxication objectively determined by a breathalyzer test coupled with the operation of a motor vehicle constitutes the offense of drunk driving." State v. Hammond,

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