Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Dorman

May 11, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JAMES DORMAN, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Cape May County, Docket No. A-7-4-05.

The opinion of the court was delivered by: Fuentes, J.A.D.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

APPROVED FOR PUBLICATION

Submitted January 31, 2007

Before Judges Cuff and Fuentes and Baxter.

Defendant James Dorman was convicted of driving while intoxicated (DWI), N.J.S.A. 39:4-50, by the Wildwood Crest Municipal Court. In response to his petition for a trial de novo, the Law Division again found him guilty of DWI, and imposed the minimum sentence applicable to first-time offenders. Defendant now appeals raising the following arguments.

POINT I

THERE WAS NO REASONABLE AND ARTICULABLE BASIS FOR THE STOP(S).

POINT II

THE BREATHALYZER RESULTS SHOULD NOT HAVE BEEN ADMITTED.

A. THE STATE FAILED TO ADHERE TO THE PROTOCOL OF BANNING HAND HELD TRANSMITTERS FROM ANY AREA IN CLOSE PROXIMITY TO THE BREATHALYZER.

B. THE STATE DID NOT PROVE THAT IT WAS IN COMPLIANCE WITH OTHER PROTOCOLS IN THE ADMINISTRATION OF THE BREATHALYZER TESTS, NAMELY THE TWENTY MINUTE OBSERVATIONAL PERIOD.

C. THE BREATH TESTING INSTRUMENT INSPECTION CERTIFICATES SHOULD NOT HAVE BEEN ADMITTED ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.