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State v. Wendrick

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


February 6, 2008

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ERIC W. WENDRICK, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Gloucester County, Municipal Appeal No. A-59-06.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued January 28, 2008

Before Judges Baxter and King.

Defendant Eric W. Wendrick appeals from his conviction for driving while intoxicated, N.J.S.A. 39:4-50.*fn1 After his motion to suppress was denied in the Washington Township Municipal Court, defendant entered a conditional plea of guilty to the charge of driving while intoxicated, reserving the right to challenge the denial of his motion to suppress in a de novo trial in the Law Division. After that de novo trial, the Law Division again denied defendant's motion to suppress. The Law Division imposed appropriate fines and penalties, which are not challenged on appeal. The Law Division stayed the entire sentence, including the license suspension, pending appeal.

On appeal, defendant argues that the police officer lacked reasonable suspicion to effectuate a stop of defendant's motor vehicle and that accordingly all evidence resulting from that stop should be suppressed. Judge Marshall's opinion thoroughly analyzes the facts and reaches proper conclusions of law.

Defendant's arguments to the contrary are without merit and do not warrant discussion in a written opinion. R. 2:11-3(e)(2). We affirm substantially for the reasons set forth by Judge Marshall in his comprehensive opinion of May, 2007.

Affirmed.


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