This is an appeal from a conviction in the County Court, on a trial de novo on the record below after conviction in the municipal court for driving while impaired (N.J.S.A. 39:4-50(b)) and speeding (N.J.S.A. 39:4-98).
The only point urged on the appeal is that the judgment was against the weight of the evidence.
The entire "statement of facts" in appellant's brief reads as follows:
On July 25, 1975, the defendant was operating his motor vehicle in the Township of Andover, and was issued two motor vehicle summonses. Summons No. 739, driving while under the influence of alcohol, and Summons No. 740, speeding. Defendant was asked to perform certain tests on the roadway, and was subsequently arrested and transported to the Police Headquarters.
At the Police Headquarters, the defendant submitted to three breatholyzer [ sic ] tests.
At the trial, the results of the breathalyzer tests were admitted into evidence over the objection of the defendant, an [ sic ] the defendant was found guilty of 39:4-50(B) and of speeding.
The entire argument submitted in the brief reads:
It is the duty of the State to prove the defendant guilty beyond a reasonable doubt. A reading of the trial transcript and the appellate transcript clearly indicates that the Judgment of the Court was against the weight of the evidence and that the Court committed
error in allowing the results of the breathalyzer tests into evidence.
The defendant will rely upon all of the arguments set forth in the Municipal Court transcript and the Appellate Court transcript.
Our rules clearly impose upon the attorneys for the parties to the appeal the absolute duty to make unnecessary an independent examination of the record by the court, R. 2:6-9, even though the court inevitably undertakes to review the record for itself. Supporting legal argument with appropriate record reference seems not only a common courtesy, but indeed the mark of a professional intent on presenting his client's case in the most persuasive setting available. A cavalier instruction to the court that a reading of two ...