State v. Badessa
New Jersey Superior Court Appellate Division
1Opinion of the Court
The opinion of the court was delivered by
PARKER, J.A.D.
In this appeal, defendant challenges the stop of his vehicle after he made a lawful turn at an intersection within a two-block DWI checkpoint zone. He argues that, in the absence of signs prohibiting turns, the police lacked probable cause to stop his vehicle and that evidence of his refusal to submit to a breathalyzer test after the stop should have been suppressed.
After the municipal court judge denied defendant’s motion to suppress, the matter was tried and defendant was found not guilty of driving while intoxicated (DWI), N.J.S.A.…
2Cases cited13 opinions
- Delaware v. ProuseSupreme Court of the United States · 1979
- Michigan Department of State Police v. SitzSupreme Court of the United States · 1990
- State v. BattleSupreme Court of New Jersey · 1992
- State v. KirkNew Jersey Superior Court Appellate Division · 1985
- State v. JohnsonSupreme Court of New Jersey · 1990
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3Cited by1 opinion
- State v. BadessaSupreme Court of New Jersey · 2005