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State of New Jersey v. Martin Stark

February 27, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
MARTIN STARK, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Essex County, Municipal Appeal No. 2009-071.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued July 12, 2011

Before Judges R. B. Coleman and Sapp-Peterson.

Defendant Martin Stark appeals from a June 15, 2010 order of the Law Division, Essex County, finding him guilty of driving while intoxicated (DWI), N.J.S.A. 39:4-50.*fn1 That order was entered by Judge Ronald D. Wigler, pursuant to Rule 3:23, following the judge's de novo review of the testimonial and documentary record created in the Roseland Municipal Court on November 24 and 25, 2009 and oral arguments presented on May 25, 2010. Contemporaneously with the order, which imposed the same fines and penalties as had been imposed by the municipal court judge,*fn2 Judge Wigler issued a written opinion setting forth his findings of fact and legal conclusions. This appeal ensued.

In his appeal, defendant raises the following arguments:

POINT I: THE STATE FAILED TO PROVE THAT THERE WAS A REASONABLE SUSPICION TO SEIZE MR. STARK.

POINT II: THE LAW DIVISION'S FINDING THAT MR. STARK WAS GUILTY ON OBSERVATION WAS CLEARLY ERRONEOUS AND VIOLATED STANDARDS OF DUE PROCESS.

A. THE LAW DIVISION'S FINDING THAT MR. STARK WAS GUILTY ON OBSERVATION WAS CLEARLY ERRONEOUS.

B. THE LAW DIVISION'S FINDING THAT MR. STARK WAS GUILTY ON OBSERVATION VIOLATED NOTIONS OF DUE PROCESS.

POINT III: THE STATE FAILED TO PROVE A PER SE VIOLATION AND, THUS THE DWI MUST BE DISMISSED.

A. THE JUDGE ERRED BY PLACING THE

BURDEN OF PROOF ON MR. STARK.

B. THE STATE FAILED TO PROVE THAT IT OBSERVED MR. STARK FOR TWENTY MINUTES BEFORE IT ...


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