State v. McLendon

The opinion of the court was delivered by

STEINBERG, J.A.D.

On June 19, 1998, defendant June McLendon was charged, in Clifton, with violating N.J.S.A 39:4-50 by driving a motor vehicle while intoxicated. She had been stopped in a “DWI roadblock”. She was found guilty in the Clifton Municipal Court. The municipal court judge imposed the appropriate penalties, surcharges, and assessments.

Pursuant to R. 3:23-8(a), defendant appealed to the Law Division. After conducting a trial de novo on the record, the Law Division judge, sua sponte, questioned the validity of the roadblock. He reserved decision…