State v. Greeley

This appeal concerns the right of a defendant, pursuant to N.J.S.A. 39:4 — 50.2(c), to an independent blood-alcohol test after being arrested for driving while intoxicated (DWI). Specifically, we must decide whether the police violate that right by refusing to release, except to the care of a relative or friend, a defendant whose station-house test reveals a blood-alcohol level in excess of the legal limit. In vacating defendant’s conviction, the Appellate Division determined that the police, in enforcing that policy, violated defendant’s statutory right to an independent test. State v.…