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STATE v. DAVIS

95 N.J. Super. 19 (1967)

229 A.2d 682

STATE OF NEW JERSEY, PLAINTIFF, v. LEVI DAVIS, DEFENDANT.

Superior Court of New Jersey, Union County Court, Law Division.

Decided April 26, 1967.

Attorney(s) appearing for the Case

Mr. Raymond S. Londa, Assistant Prosecutor, for plaintiff (Mr. Leo Kaplowitz, Union County Prosecutor, attorney).

Mr. Nathan A. Schanerman and Mr. Herbert Blaustein, for defendant (Messrs. Schanerman and Schanerman, attorneys).

KWALICK, J.C.C.

Is defendant a first or second offender within the intendment of N.J.S.A. 39:4-501 which interdicted drunken driving? The degree of punishment hinges on the answer.

Defendant was charged with commission of that offense on June 2, 1966 and pronounced guilty in the municipal court and, on appeal, after a trial de novo in this court. He had not been previously...

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