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McGARRAH v. STATE, DEPT. OF LAW

268 N.J. Super. 577 (1993)

634 A.2d 139

L.C. MC GARRAH (A/K/A T.C. MC GARRELL), PETITIONER-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF MOTOR VEHICLES, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 7, 1993.

Attorney(s) appearing for the Case

Anthony B. Vignuolo, argued the cause for appellant (Borrus, Goldin, Foley, Vignuolo, Hyman & Stahl, attorneys; Mr. Vignuolo and Eileen M. Foley, on the brief).

Valerie L. Egar, Deputy Attorney General, argued the cause for respondents (Fred DeVesa, Acting Attorney General of New Jersey, attorney; Mary C. Jacobson, Senior Deputy Attorney General, of counsel; Ms. Egar, on the brief).

Before Judges PRESSLER, DREIER and BROCHIN.

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

On June 20, 1987, L.C. McGarrah was convicted of violating N.J.S.A. 39:4-50.4a by refusing to submit to a breathalyzer test. His New Jersey driver's license was suspended for two years pursuant to N.J.S.A. 39:4-50.4a, and he was required to pay an insurance surcharge of $1000 a year for three years. N.J.S.A. 17:29A-35b(2)

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