State v. Wolfe

The opinion of the court was delivered by

KOBLITZ, J.A.D.

Defendant Thomas J. Wolfe appeals from the Law Division judgment of August 17, 2012 finding him guilty de novo, based only on defendant’s blood alcohol content (BAC), of a per se violation of the prohibition against driving while intoxicated (DWI), N.J.S.A. 39:4-50.2 He was sentenced to the minimum mandatory penalties for a second offender pursuant to N.J.S.A. 39:4-50(a)(2).3 Defendant unsuccessfully sought to block admission of his Alcohol Influence Report (AIR), a report generated by *359an Aleotest breathalyzer device, because the State…