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State v. Dyer

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


April 30, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
STEPHEN W. DYER, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Law Division, Gloucester County, Municipal Appeal No. A-50-08.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: April 21, 2010

Before Judges Stern and Sabatino.

We affirm the denial of defendant's motion to suppress substantially for the reasons expressed by Judge Walter L. Marshall, Jr., in his oral opinion of April 17, 2009. We agree that Police Officer Seas was justified in approaching defendant's car to make inquiries of the driver of the vehicle which, in the words of defendant's brief, was "parked on the shoulder of the road, with his hazard lights flashing" at about 2:43 in the morning, and to ask him to step out of the vehicle because he smelled alcohol and observed bloodshot and watery eyes. Accordingly, we affirm defendant's conviction for driving while intoxicated, in violation of N.J.S.A. 39:4-50, following his conditional plea of guilty.

Affirmed.

20100430

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