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STATE v. JORN

774 A.2d 507 (2001)

340 N.J. Super. 192

STATE of New Jersey, Plaintiff-Respondent, v. Todd C. JORN, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 24, 2001.

Attorney(s) appearing for the Case

Peter M. O'Mara, Red Bank, attorney for appellant (Mr. O'Mara on the brief).

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

Before Judges KEEFE, STEINBERG and WEISSBARD.

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

Defendant, Todd C. Jorn appeals from his conviction, after trial de novo in the Law Division, of driving while intoxicated (D.W.I.) in violation of N.J.S.A. 39:4-50. The facts brought out at the Municipal Court trial revealed the following insofar as they are pertinent to the single issue raised on this appeal.

At approximately 11:26 p.m. on March 17, 1998, Officer Weber of the Middletown...

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