Sullivan, Carton and Halpern. Sullivan, P.J.A.D., (dissenting).
Defendant was convicted in the municipal court of driving under the influence of alcoholic beverages (N.J.S.A. 39:4-50(a)). On appeal to the County Court, he was again found guilty after a trial de novo. He was fined $200 and costs and his driver's license was suspended for two years.
Police Officer Osterlo testified he observed a car, occupied by three or four people, which was being operated in an erratic manner on Pavonia Avenue in Jersey City about 6:30 P.M. on February 8, 1968. The car "jumped a red light" and the police set off after it. Pursuit was interrupted for about 45 to 50 seconds when a bus which was coming onto Newark Avenue made a turn and blocked the radio car in which he and another officer were riding. After the police car backed up and while they were waiting for the bus to turn, they spotted the car on the sidewalk. There appeared to be three men in the front seat, but the driver could not be identified at the time because the police were from 75 to 100 yards away.
Defendant was found alone in the front seat. Both of the front doors of the car were open. The engine was not
running and the ignition key was missing. He was observed by Police Officer Osterlo with "his head under the steering wheel, and his body * * * facing the passenger side." Defendant was turned on the "left side with his left hip about a foot and a half from the steering wheel." When asked for his license and registration, defendant fumbled for it from his wallet and first pulled out the wrong one and later the right one for a 1966 Pontiac. According to Osterlo, defendant got out of the car with the aid of the police; there was a strong smell of alcohol about him; his speech was slurred, his eyes glassy and he walked "wobbly with the aid of two of us."
Defendant was issued a ticket for a red light and one for parking on the sidewalk. When he was taken to the precinct headquarters he was searched, but the keys were not found on his person or in the car which was impounded.
Detective Zadroga testified that, preparatory to administering the drunkometer test, he warned defendant of his rights, that is, inquired whether defendant knew "what he was there for," and whether defendant wished to inflate the balloon used in taking the test. However, Zadroga did not give the specific warnings required by Miranda v. Arizona , 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d 694 (1966). Zadroga stated he filled out the report and asked defendant "the standard questions," such as the nature of his occupation, whether he had had any alcoholic drinks, and whether he was under the care of a doctor or dentist. All of these questions were answered by defendant. After testifying that there were two registrations, Zadroga's testimony continued:
A For a Plymouth four-door with registration 711 and I asked him was he operating that and he said "No. I was ...