State v. Potts

HAINES, A. J. S. C.

Defendant Mark Potts was arrested by a State Trooper in Wrightstown Borough and charged with violation of N.J.S.A. 39:4-50 (drunk driving). He was driven to the State Police Barracks in North Hanover Township and requested to take a breathalyzer test. He refused and was charged with a violation of N.J.S.A. 39:4^50.4 (refusal to take a breathalyzer test). The complaints covering both charges were filed in the Wrightstown Borough Municipal Court. At the time of the hearing defendant moved for dismissal of the breathalyzer charge; he argued that the Wrightstown court had no…