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STATE v. WOLFE

Docket No. A-0416-12T3

69 A.3d 164 (2013)

431 N.J. Super. 356

STATE of New Jersey, Plaintiff-Respondent, v. Thomas J. WOLFE, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 28, 2013.

Attorney(s) appearing for the Case

Robert J. Pinizzotto argued the cause for appellant (Law Offices of Robert J. Pinizzotto, L.L.C., attorney; Mr. Pinizzotto , Hammonton , and Nicole E. Wise , on the briefs).

James F. Smith , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent ( James P. McClain , Acting Atlantic County Prosecutor, attorney; Mr. Smith, of counsel and on the brief).

Before Judges GRALL and KOBLITZ and ACCURSO.

The opinion of the court was delivered by

KOBLITZ, J.A.D.

Defendant Thomas J. Wolfe appeals from the Law Division judgment of August 17, 2012 finding him guilty de novo, based only on defendant's blood alcohol content (BAC), of a per se violation of the prohibition against driving while intoxicated (DWI), N.J.S.A. 39:4-50.2 He was sentenced to the minimum mandatory penalties for a second offender pursuant to N.J.S.A....

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