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STATE v. CAHILL

A-47-11 September Term 2011, 068727.

61 A.3d 1278 (2013)

213 N.J. 253

STATE of New Jersey, Plaintiff-Appellant, v. Michael CAHILL, Defendant-Respondent.

Supreme Court of New Jersey.

Decided April 1, 2013.

Attorney(s) appearing for the Case

Jason Magid , Assistant Prosecutor, argued the cause for appellant ( Warren W. Faulk , Camden County Prosecutor, attorney).

Marissa J. Costello argued the cause for respondent (Costello & Whitmore, attorneys).

Jeffrey Evan Gold , Cherry Hill, argued the cause for amicus curiae New Jersey State Bar Association ( Kevin P. McCann , President, attorney; Mr. Gold and Susan A. Feeney , Newark, of counsel and on the brief).

Alexander R. Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey Foundation ( Edward L. Barocas and Rutgers Constitutional Litigation Clinic Center for Law & Justice, attorneys; Mr. Shalom , Mr. Barocas , Ronald K. Chen , Trenton, and Jeanne M. LoCicero , of counsel and on the brief).

Judge CUFF (temporarily assigned) delivered the opinion of the Court.

Michael Cahill was involved in an automobile accident after a night of drinking. Following his arrest for driving while intoxicated, and after administration of an Alcotest, Cahill was charged with various motor vehicle offenses, including driving while intoxicated, reckless driving, consumption of alcohol in a vehicle, and possession of an open container. He was also charged with aggravated assault. A few months later, a grand jury returned an indictment charging defendant...

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