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STATE v. WELLER

225 N.J. Super. 274 (1986)

542 A.2d 55

STATE OF NEW JERSEY, PLAINTIFF, v. DONALD J. WELLER, DEFENDANT. STATE OF NEW JERSEY, PLAINTIFF, v. TIMOTHY R. FLYNN, DEFENDANT.

Superior Court of New Jersey, Law Division Criminal, Warren County.

Decided December 24, 1986.

Attorney(s) appearing for the Case

William M. McCurley for plaintiff (Richard C. Hare, Acting Prosecutor of Warren County, attorney).

Larry R. Etzweiler for plaintiff (W. Cary Edwards, Attorney General of New Jersey, attorney).

Arthur J. Russo for defendant Weller.

John C. Cornish for defendant Flynn.

KINGFIELD, J.S.C.

This opinion addresses the issue of whether a state police laboratory report, containing a positive reading of ethyl alcohol in the blood of a defendant, may be admitted into evidence under Evid.R. 63(13) and 63(15) without accompanying testimony from a qualified toxicologist or chemist.

Defendants, Timothy R. Flynn and Donald J. Weller, were involved in separate motor vehicle accidents which resulted in blood samples being taken....

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