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STATE v. TIERNAN

123 N.J. Super. 322 (1973)

302 A.2d 561

STATE OF NEW JERSEY, PLAINTIFF, v. MICHAEL A. TIERNAN, AND JAMES W. BROWN, JR., DEFENDANTS.

Superior Court of New Jersey, Cape May County Court.

Decided March 13, 1973.

Attorney(s) appearing for the Case

Mr. Edwin W. Bradway argued the cause for plaintiff.

Mr. Kenneth E. Calloway argued the cause for defendants.

GRUCCIO, J.C.C.

This is an appeal from a Municipal Court proceeding finding appellant, Michael A. Tiernan, guilty of operating a vehicle while under the influence of drugs contra to N.J.S.A. 39:4-50.

The facts surrounding the conviction are thus: an officer for the City of North Wildwood observed defendant operating a vehicle on August 7, 1972 at 2:40 in the morning. Defendant's car was noticed "to force" another car off the road. Subsequent to the...

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