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State v. Huerfano

November 13, 2007

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JOSE L. HUERFANO, JR., DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Union County, Municipal Appeal No. 5795.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 3, 2007

Before Judges Cuff and Simonelli.

Defendant, Jose L. Huerfano, Jr., appeals from his conviction for driving while intoxicated, contrary to N.J.S.A. 39:4-50; and refusal to submit to a breathalyzer test, contrary to N.J.S.A. 39:4-50.2.*fn1

On appeal, defendant argues:

POINT I

THE EVIDENCE SUBMITTED TO THE LAW DIVISION IS INSUFFICIENT TO SUPPORT A GUILTY FINDING TO THE CHARGE OF DRIVING WHILE INTOXICATED.

POINT II

THE EVIDENCE SUBMITTED TO THE LAW DIVISION IS INSUFFICIENT TO SUPPORT A FINDING OF GUILT TO THE REFUSAL CHARGE GIVEN OFFICER KAUFER'S [SIC] FAILURE TO READ MR. HUERFANO THE SECOND PART OF THE STANDARD STATEMENT.

We affirm.

I.

A trial was held in municipal court in the City of Linden. Police Officer Joseph Kaufers testified that at about 11:00 p.m. on March 30, 2006, he observed defendant drive through a red light, turn left, continue driving at a high rate of speed, and go through a stop sign without slowing down, causing a pick-up truck to stop short to avoid hitting defendant's vehicle. Kaufers followed defendant and initiated a motor vehicle stop. Shortly after stopping defendant, the pick-up truck came to the location of the stop. Kaufers noticed the passenger in the pick-up truck had a head injury as a result of hitting her head on the windshield.

Kaufers approached defendant's vehicle and asked for his credentials. Kaufers observed defendant fumbling through his credentials and noticed his eyes were watery and bloodshot and his speech was slurred. Kaufers also detected a strong odor of alcoholic beverage coming from defendant's breath when he spoke. When Kaufers asked defendant if he had any alcoholic beverages that night, defendant said he had two drinks. Kaufers then called for backup. Police Officer Anthony Lordi ...


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