STATE v. SLINGER


281 N.J. Super. 538 (1995)

658 A.2d 1299

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. TODD SLINGER, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 1995.


Attorney(s) appearing for the Case

Richard H. Kress argued the cause for appellant.

Robert A. Suarez, Assistant Prosecutor, argued the cause for respondent (Andrew K. Ruotolo, Jr., Union County Prosecutor, attorney).

Before Judges STERN, KEEFE and HUMPHREYS.


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

The issue on appeal is whether the State's failure to prove the number of times a simulator solution has been used and the actual readings obtained by the State Police Coordinator when the breathalyzer was tested goes to the admissibility of the breathalyzer readings or to the weight of the evidence.

Defendant Todd Slinger was found guilty in the Fanwood Municipal Court of driving while under the influence...

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