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STATE v. SCHMIDT

DOCKET NO. A-2237-08T4.

997 A.2d 1092 (2010)

414 N.J. Super. 194

STATE of New Jersey, Plaintiff-Respondent, v. Aaron P. SCHMIDT, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 2010.

Attorney(s) appearing for the Case

Law Offices of Hoffman DiMuzio, Woodbury, for appellant (Peter J. Bonfiglio, III, of counsel and on the brief).

Sean F. Dalton, Gloucester County Prosecutor, attorney for respondent (Joseph H. Enos, Jr., Assistant Prosecutor, on the brief).

Before Judges CUFF, PAYNE and WAUGH.

The opinion of the court was delivered by

PAYNE, J.A.D.

N.J.S.A. 39:4-50.2(a) provides that "[a]ny person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood." Paragraph (e) of that statutory provision bars forcible sampling, but it...

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