State v. Favoccia

Defendant was found guilty in the Wycoff Municipal Court of driving a motor vehicle while under the influence of intoxicating liquor in violation of N.J.S.A. 39:4-50. He was fined $250, his license was revoked for six months, he was required to participate in an alcohol rehabilitation program and he was surcharged $100. Defendant appealed to the Law Division where, following a trial de novo on the record, he was again found guilty and the same sentence was imposed.

Defendant now contends that his conviction should be reversed because (1) “the video tape of the defendant constituted…