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State v. Shields

Superior Court of New Jersey, Appellate Division

June 19, 2013

STATE OF NEW JERSEY, Plaintiff-Respondent,
v.
ROBERT SHIELDS, Defendant-Appellant.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted April 16, 2013

On appeal from Superior Court of New Jersey, Law Division, Camden County, Municipal Appeal No. 22-10.

Edward J. Crisonino, attorney for appellant.

Warren W. Faulk, Camden County Prosecutor, attorney for respondent (Jason Magid,

Assistant Prosecutor, of counsel and on the brief).

Before Judges Hayden and Hoffman.

PER CURIAM

Following a trial de novo in the Law Division, defendant Robert Shields appeals his convictions for driving while intoxicated (DWI), N.J.S.A. 39:4-50(a); and for refusing to submit to a breathalyzer test, N.J.S.A. 39:4-50.4a. We affirm.

I.

On August 23, 2009, Officer James Hartwell of the Delaware River Port Authority police arrested defendant and issued him summonses for DWI; refusing to submit to a breathalyzer test; and failing to drive within a single lane, N.J.S.A. 39:4-88(b). On May 7, 2010, after trial in the Camden City Municipal Court, defendant was convicted of all three charges.

At sentencing, the municipal court merged the conviction of failure to maintain lanes with the DWI conviction. On the DWI conviction, the court suspended defendant's driving privileges for three months. On the refusal conviction, the court suspended defendant's driving privileges for seven months, concurrent with the suspension imposed on the DWI conviction.

On June 9, 2011, the Law Division again found defendant guilty of all three charges, and imposed the same ...


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