STATE v. OLENOWSKI

A-56 September Term 2018 082253.

304 A.3d 598 (2023)

255 N.J. 529

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

Supreme Court of New Jersey.

Re-Argued June 1, 2023.

Decided November 15, 2023.


Attorney(s) appearing for the Case

Margaret McLane , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Margaret McLane, of counsel and on the supplemental brief).

Sarah C. Hunt , Deputy Attorney General, argued the cause for respondent ( Matthew J. Platkin , Attorney General, attorney; Sarah C. Hunt, of counsel and on the supplemental brief, and Adam D. Klein , Deputy Attorney General, on the supplemental brief).

Alexander Shalom argued the cause for amici curiae American Civil Liberties Union of New Jersey and statistics experts Alicia Carriquiry, Kori Khan, and Susan VanderPlas (American Civil Liberties Union of New Jersey Foundation, attorneys; Alexander Shalom and Jeanne LoCicero , on the supplemental brief).

John Menzel argued the cause for amicus curiae New Jersey State Bar Association (New Jersey State Bar Association, attorneys; Jeralyn L. Lawrence , President, of counsel, and John Menzel, on the supplemental brief).

Steven W. Hernandez submitted a supplemental brief on behalf of amicus curiae National College for DUI Defense (The Hernandez Law Firm, attorneys; Steven W. Hernandez, of counsel and on the supplemental brief).

Jeffrey H. Sutherland , Cape May County Prosecutor, submitted a supplemental brief on behalf of amicus curiae County Prosecutors Association of New Jersey (Jeffrey H. Sutherland, President, attorney; Jeffrey H. Sutherland, Joseph Paravecchia , First Assistant Hunterdon County Prosecutor, Laura Sunyak , Assistant Mercer County Prosecutor, Gretchen Pickering , Assistant Cape May County Prosecutor, and David M. Liston , Assistant Middlesex County Prosecutor, of counsel, and Monica do Outeiro , Assistant Monmouth County Prosecutor, of counsel and on the supplemental brief).

Aidan P. O'Connor submitted a supplemental brief on behalf of amicus curiae Association of Criminal Defense Lawyers of New Jersey (Pashman Stein Walder Hayden, attorneys; Aidan P. O'Connor and Marc M. Yenicag , of counsel and on the supplemental brief).

Vito A. Gagliardi, Jr. , submitted a supplemental brief on behalf of amicus curiae New Jersey State Association of Chiefs of Police (Porzio, Bromberg & Newman, attorneys; Vito A. Gagliardi, Jr., of counsel, and David L. Disler and Thomas J. Reilly , on the supplemental brief).

Evan M. Levow submitted a supplemental brief on behalf of amicus curiae DUI Defense Lawyers Association, Inc. (Levow DWI Law, attorneys; Evan M. Levow, on the supplemental brief).


Table of Contents

Introduction ... 607

I. New Jersey's Driving Under the Influence Statutory Scheme ... 608

II. Factual Background and Procedural History ... 611

A: Drug Recognition Experts (DREs) and the Drug Evaluation and Classification...

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