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State v. Tobin

July 23, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JOHN TOBIN, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. MA-2007-058.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: June 9, 2009

Before Judges Axelrad and Winkelstein.

Defendant, John Tobin, appeals from his conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50. Defendant was initially found guilty in the North Caldwell/Essex Fells Municipal Court. He was sentenced as a first-time DWI offender, N.J.S.A. 39:4-50(a)(1)(ii), to a seven-month suspension of his driver's license, twelve hours at an Intoxicated Driver Resource Center, a $300 fine and other fines and monetary penalties. He appealed.

After a trial de novo in Superior Court, Rule 3:23-8(a), defendant was again convicted of the DWI offense. He was sentenced just as he was in municipal court and a stay of various portions of the order was entered pending appeal.

On appeal, defendant presents the following arguments:

POINT I

THE EVIDENCE PRESENTED BELOW DOES NOT SUPPORT THE DECISION TO PERFORM SOBRIETY TESTING

POINT II

THERE WAS NOT SUFFICIENT EVIDENCE TO PROVE MR. TOBIN GUILTY BEYOND A REASONABLE DOUBT BASED ON THE OBSERVATIONS

POINT III

THE OBTAINED BREATHALYZER READINGS SHOULD BE SUPPRESSED AS THE STATE HAS FAILED TO DEMONSTRATE BY CLEAR AND CONVINCING ...


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