STATE v. MARTINEZ


260 N.J. Super. 75 (1992)

615 A.2d 279

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOSE MARTINEZ, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided October 30, 1992.


Attorney(s) appearing for the Case

Capizola, Fineman, Kutner & Pagliughi, attorneys for appellant (Kenneth A. Pagliughi and Barbara R. Lapham on the brief).

Michael Brooke Fisher, Cumberland County Prosecutor, attorney for respondent (Jon M. Reilly, Assistant Prosecutor, on the letter brief).

Before Judges KING, LANDAU and THOMAS.


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

Defendant Jose Martinez here contests his Law Division conviction following appeal from the municipal judgment below, on a charge of driving under the influence of alcohol in violation of N.J.S.A. 39:4-50. Sentence has been stayed pending this appeal.

Martinez was stopped by a State Trooper patrolling Deerfield Township shortly after 2 a.m. on October...

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