State v. Wright

The opinion of the court was delivered by

BRODY, J.A.D.

Defendant was charged with operating a motor vehicle while under the influence of liquor {N.J.S.A. 39:4-50) and refusing to give a sample of his breath “for the purpose of making chemical tests to determine the content of alcohol in his blood” {N.J. S.A. 39:4-50.2; N.J.S.A. 39:4-50.4a). The municipal court judge was not convinced beyond a reasonable doubt that defendant operated the vehicle. Four witnesses testified that he was a passenger. The judge was satisfied, however, that the arresting officer had probable cause to believe that…