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STATE v. NUNNALLY

No. A-6031-09T1.

18 A.3d 1044 (2011)

420 N.J. Super. 58

STATE of New Jersey, Plaintiff-Appellant, v. Gerald E. NUNNALLY, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 4, 2011.

Attorney(s) appearing for the Case

John L. Molinelli , Bergen County Prosecutor, attorney for appellant ( Catherine A. Foddai , and Annmarie Cozzi , Senior Assistant Prosecutors, of counsel and on the briefs).

Terence M. Scott , Clifton, attorney for respondent.

Before Judges LISA, REISNER and SABATINO.

The opinion of the court was delivered by

REISNER, J.A.D.

While driving a commercial vehicle, defendant Gerald E. Nunnally was arrested for a suspected violation of N.J.S.A. 39:3-10.13 (prohibiting operation of a commercial motor vehicle by a driver "with an alcohol concentration of 0.04% or more.").1 After defendant refused to submit to an Alcotest, the arresting officer also charged him with violating the general refusal...

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