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STATE v. RODRIGUEZ-ALEJO

No. A-0815-09T3.

15 A.3d 876 (2011)

419 N.J. Super. 33

STATE of New Jersey, Plaintiff-Respondent, v. Ramon A. RODRIGUEZ-ALEJO, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 25, 2011.

Attorney(s) appearing for the Case

Mollo Law Firm, attorneys for appellant ( Albert P. Mollo , of counsel and on the brief).

Peter E. Warshaw, Jr. , Acting Monmouth County Prosecutor, attorney for respondent ( Carey J. Huff , Assistant Prosecutor, of counsel and on the brief).

Before Judges PAYNE, BAXTER and KOBLITZ.

The opinion of the court was delivered by

KOBLITZ, J.S.C. (temporarily assigned).

Defendant Ramon A. Rodriguez-Alejo was charged with driving while intoxicated, N.J.S.A. 39:4-50; refusal to submit to a breath test, N.J.S.A. 39:4-50.2; possession of an open container in a motor vehicle, N.J.S.A. 39:4-51a; and reckless driving, N.J.S.A. 39:4-96. At trial, the State conceded an inability to convict on the open container charge. The...

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