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STATE v. TAMBURRO

68 N.J. 414 (1975)

346 A.2d 401

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RUSSELL J. TAMBURRO, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided October 21, 1975.

Attorney(s) appearing for the Case

Mr. James V. Tamburro argued the cause for defendant-appellant.

Mr. Dante P. Mongiardo, Assistant Prosecutor, argued the cause for plaintiff-respondent (Mr. Joseph D.J. Gourley, Passaic County Prosecutor, attorney).

Mr. Julian Wilsey, Deputy Attorney General, argued the cause for amicus curiae the State of New Jersey (Mr. William F. Hyland, Attorney General, attorney).

Mr. Eric A. Summerville argued the cause for amicus curiae Patrick House Legal Clinic.

The opinion of the Court was delivered by SULLIVAN, J.

Defendant Russell J. Tamburro was found guilty of operating a motor vehicle while under the influence of a narcotic, a violation of N.J.S.A. 39:4-50(a). He was enrolled in a methadone maintenance program at the time and admitted to having ingested a prescribed dose of methadone the morning of his arrest.1 The arrest took place on July...

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