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State v. Tirado

September 13, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
CLEMENT TIRADO, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Bergen County, Municipal Appeal No. 003-06-09.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued August 31, 2010

Before Judges Payne and Messano.

Defendant, Clement Tirado, appeals his second conviction*fn1 for driving while intoxicated (DWI) in violation of N.J.S.A. 39:4-50, for which he was sentenced to a two-year license revocation, required to spend forty-eight hours at an Intoxicated Driver Resource Center (IDRC) program, and required to perform thirty days of community service. Appropriate fines and penalties were also imposed.

On appeal, defendant raises the following arguments:

POINT ONE

THE COURT BELOW ERRED IN FINDING BOTH THAT POLICE HAD A REASONABLE AND ARTICULABLE REASON TO STOP MR. TIRADO AND PROBABLE CAUSE TO ARREST HIM.

a. Officer Quintano lacked a reasonable and articulable suspicion to stop Mr. Tirado.

b. Officer Quintano lacked probable cause to arrest Mr. Tirado.

c. The field sobriety tests were incorrectly administered and, therefore, are unreliable.

POINT TWO

THE COURT ERRED IN ITS DETERMINATION THAT MR. TIRADO'S MIRANDA RIGHTS WERE NOT VIOLATED WHEN POLICE CONTINUED TO QUESTION HIM AFTER HE ...


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