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STATE v. JOHNSON

203 N.J. Super. 436 (1985)

497 A.2d 242

STATE OF NEW JERSEY, PLAINTIFF, v. DAVID JOHNSON, DEFENDANT.

Superior Court of New Jersey, Law Division (Criminal), Cumberland County.

Decided April 25, 1985.

Attorney(s) appearing for the Case

Betsy Phillips, Assistant Prosecutor for State (Kenneth A. Pagliughi, Prosecutor, Cumberland Cty.)

Wayne J. Bober for defendant (Gruccio, Pepper, Giovinazzi, Butler, DeSanto & Mann, attorneys).

SERATA, J.S.C.

This is an appeal of a conviction under N.J.S.A. 39:4-50 in the Deerfield Township Municipal Court. The defendant was convicted of operating a pedal bicycle while under the influence of an intoxicating liquor. The defendant does not deny his intoxication, rather he questions whether the operation of a pedal bicycle falls within the purview of N.J.S.A. 39:4-50.

On October 18, 1984...

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