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STATE v. McMASTER

118 N.J. Super. 476 (1972)

288 A.2d 583

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. L. RUSSELL McMASTER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 10, 1972.

Attorney(s) appearing for the Case

Mr. John P. Goceljak, Assistant Prosecutor, argued the cause for appellant (Mr. Joseph D.J. Gourley, Passaic County Prosecutor, attorney).

Mr. Arthur J. Lesemann argued the cause for respondent (Messrs. Mazer & Lesemann, attorneys).

Before Judges CONFORD, MATTHEWS and FRITZ.

PER CURIAM.

Defendant is charged with a violation of N.J.S.A. 39:4-50(a) (driving while under the influence of intoxicating liquor). While the complaint was pending the County Court suppressed the results of a blood alcohol test, ruling that it was not, as a matter of law, "medically acceptable" because the testing procedure was performed by a biochemist. The county judge concluded that "the law in the State of New Jersey is that no one, whether he is the finest...

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