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STATE v. POPOVICH

No. A-2862-07T4.

964 A.2d 804 (2009)

405 N.J. Super. 324

STATE of New Jersey, Plaintiff-Respondent, v. Timothy POPOVICH, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided February 17, 2009.

Attorney(s) appearing for the Case

Stephen M. Pascarella, Red Bank, attorney for appellant.

Luis A. Valentin, Monmouth County Prosecutor, attorney for respondent (Patricia B. Quelch, Assistant Prosecutor, of counsel; Courtney Darsch, Assistant Prosecutor, on the brief).

Before Judges WEFING, PARKER and LeWINN.

The opinion of the court was delivered by

WEFING, P.J.A.D.

Following a trial de novo in the Law Division, defendant was found guilty of driving while intoxicated, N.J.S.A. 39:4-50. He appeals from that conviction. After reviewing the record in light of the contentions advanced on appeal, we reverse.

Defendant was stopped while driving on August 12, 2007, in Lake Como. The facts surrounding that stop are not material to this appeal. He agreed...

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