State v. Johnson

The opinion of the court was delivered by

Hall, J.

This appeal derives from defendant’s conviction in the Livingston Municipal Court for operating a motor vehicle “while under the influence of intoxicating liquor” in violation of N. J. 8. A. 39:4^50, which provides in pertinent part as follows:

“A person who operates a motor vehicle while under the influence oí intoxicating liquor * * * shall be subject, for a first offense, to a fine of not less than two hundred nor more than five hundred dollars ($500.00), or imprisonment for a term of not less than thirty days nor more than three months, or…