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State v. Niemeyer

Decided: June 1, 1984.

STATE OF NEW JERSEY, PLAINTIFF,
v.
WILLIAM H. NIEMEYER, DEFENDANT



Menza, J.s.c.

Menza

OPINION

This is a motion in limine brought by the State to declare certain evidence admissible at trial. The indictment charges the defendant with two counts of Aggravated Assault. Count one of the indictment charges defendant with second degree aggravated assault in violation of N.J.S.A. 2C:12-1(b)(1). This statute provides in pertinent part:

A person is guilty of aggravated assault if he:

1) . . . causes [serious bodily] injury . . . recklessly . . . .

Count two charges aggravated assault in the fourth degree, and is also grounded in the recklessness of the defendant.

These charges arise out of an incident that occurred on December 12, 1983, at which time the defendant's automobile collided head on with the automobile of the victim, Mrs. Anne Cooke, causing her serious injury. It is alleged that on the date in question the defendant had consumed a great deal of alcohol*fn1

and that the accident occurred as a result of his driving while under the influence.

The State wishes to introduce into evidence the defendant's prior driving record showing his past convictions of driving while under the influence. The certified driver's abstract of the defendant discloses the following:

9/27/72 driving under the influence and accident

5/12/76 driving under the influence and accident

7/2/79 driving under the influence ...


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