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STATE v. CAMPBELL

DOCKET NO. A-5973-11T4, A-6002-11T4, A-0632-12T1

93 A.3d 416 (2014)

436 N.J. Super. 264

STATE of New Jersey, Plaintiff-Respondent, v. Scott CAMPBELL, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 2014.

Attorney(s) appearing for the Case

Brenden T. Shur argued the cause for appellant (Law Offices of John J. Zarych, attorneys; Mr. Shur , on the brief).

Kathleen E. Bond , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent ( James P. McClain , Acting Atlantic County Prosecutor, attorney; Julie H. Horowitz , Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief).

Before Judges MESSANO, SABATINO and HAYDEN.

The opinion of the court was delivered by

SABATINO, J.A.D.

In this appeal of his drunk driving ("DWI") conviction under N.J.S.A. 39:4-50(a), defendant presents a novel constitutional argument. He challenges the manner in which Alcotest evidence of a driver's blood alcohol content ("BAC") is admitted and relied upon at DWI trials in so-called "per se" cases in our State involving a BAC measurement at or above .08 percent.

Specifically, defendant...

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