April 30, 2010
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
STEPHEN W. DYER, DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Law Division, Gloucester County, Municipal Appeal No. A-50-08.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION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.
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