Legal Opinion
State v. Garthe
Supreme Court of New Jersey
Decided June 27, 1996PublishedCited by 31 opinions
1Opinion of the Court
The opinion of the Court was delivered by
O’HERN, J.
The principal question in this appeal is whether the standards and procedures for testing the breathalyzers used in the prosecution of drunk driving cases must be set forth in regulations adopted pursuant to the Administrative Procedure Act, N.J.S.A 52:14B-1 to -24. The related questions are whether the testing protocols promulgated by the Division of State Police after the decision below were those followed in this case, and whether those protocols are sufficiently reliable and objective so that the working condition of a breathalyzer may be…
2Cases cited12 opinions
- Metromedia, Inc. v. Director, Division of TaxationSupreme Court of New Jersey · 1984
- George Harms Construction Co. v. New Jersey Turnpike AuthoritySupreme Court of New Jersey · 1994
- Romano v. KimmelmanSupreme Court of New Jersey · 1984
- State v. MatulewiczSupreme Court of New Jersey · 1985
- State v. StrakaWashington Supreme Court · 1991
7 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- State v. GolottaSupreme Court of New Jersey · 2003
- State v. StasSupreme Court of New Jersey · 2012
- State v. FortinSupreme Court of New Jersey · 2007
- In Re Protest of Coastal PermitNew Jersey Superior Court Appellate Division · 2002
- Coalition for Quality Health Care v. DEPT. OF BANKING & INS.New Jersey Superior Court Appellate Division · 2002
26 more not listed; retrieve them via the Exa API.