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STATE v. SPELL

928 A.2d 921 (2007)

395 N.J. Super. 337

STATE of New Jersey, Plaintiff-Respondent, v. Ernest SPELL, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 31, 2007.

Attorney(s) appearing for the Case

John Vincent Saykanic, Clifton, argued the cause for appellant (Mr. Saykanic, on the brief).

Jason F. Statuto, Assistant Passaic County Prosecutor, argued the cause for respondent (James F. Avigliano, Passaic County Prosecutor, attorney; Mr. Statuto, of counsel and on the brief).

Before Judges STERN, SABATINO and LYONS.

The opinion of the court was delivered by

STERN, P.J.A.D.

Defendant appeals from a conviction on trial de novo at which he was found not guilty of careless driving and driving while intoxicated (DWI) but guilty of refusal to submit to a breathalyzer test in violation of N.J.S.A. 39:4-50.2.1 He was sentenced to pay a fine of $1,000, together with costs and surcharges, and his license privileges were suspended for ten...

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