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STATE v. FIELDING

290 N.J. Super. 191 (1996)

675 A.2d 653

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. NELSON FIELDING, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 7, 1996.

Attorney(s) appearing for the Case

Leonard S. Miller, argued the cause for appellant.

Judith A. Eisenberg, Special Deputy Attorney General, Acting Assistant Prosecutor, argued the cause for respondent (Charles R. Buckley, Deputy Attorney General, Acting Bergen County Prosecutor, attorney; Ms. Eisenberg, of counsel and on the letter-brief).

Before Judges LANDAU, KLEINER and HUMPHREYS.

The opinion of the court was delivered by LANDAU, J.A.D.

Defendant Nelson Fielding appeals from an August 10, 1995 determination of the Law Division that upheld upon de novo review a municipal court judgment that he was guilty of violating N.J.S.A. 39:4-50.4a, refusal to submit to a breathalyzer test, and that sentenced him as a subsequent (second) offender under that section.

Fielding had been stopped on February 1, 1993 and issued summonses...

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