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STATE v. FILSON

No. 18425, APPEAL NO. 37-2008

976 A.2d 460 (2009)

409 N.J. Super. 246

STATE of New Jersey, Plaintiff, v. Ian FILSON, Defendant.

Superior Court of New Jersey, Law Division.

Decided February 17, 2009.

Attorney(s) appearing for the Case

Michael J. Mennuti, Assistant Prosecutor, for plaintiff (Joseph Bocchini, Mercer County Prosecutor, attorney).

Peter H. Lederman, Freehold, for defendant (Lomurro, Davison, Eastman & Munoz, P.A., attorneys).

OSTRER, J.S.C.

INTRODUCTION

In this municipal appeal from a driving-under-the-influence conviction, the court must construe the requirement that an Alcotest operator observe a defendant for twenty minutes before administering the test. See State v. Chun, 194 N.J. 54, 79, 943 A.2d 114 (2008) ("[T]he operator must observe the test subject for the required twenty-minute period ...

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