State v. DiFrancisco

HAINES, A.J.S.C.

This opinion, written in response to an appeal from a municipal court conviction of driving while intoxicated (DWI), addresses two issues: (1) What is a “reasonable time” within which a breathalyzer test must be performed in accordance with State v. Tischio, 107 N.J. 504 (1987)? (2) Can a drunk driving conviction be sustained when defendant is apprehended behind the wheel of a nonoperable motor vehicle? Neither question has been considered in any prior judicial decision.

This court concludes that the State had the burden of proving by clear and convincing evidence that…