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STATE v. TISCHIO

208 N.J. Super. 343 (1986)

506 A.2d 14

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN E. TISCHIO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 26, 1986.

Attorney(s) appearing for the Case

Robert B. Gigl, Jr. argued the cause for appellant (Podvey, Sachs & Catenacci, attorneys; Robert B. Gigl, on the brief).

Simon L. Rosenbach, Assistant Prosecutor, argued the cause for respondent (Alan A. Rockoff, Middlesex County Prosecutor, attorney; Simon L. Rosenbach, on the brief).

Before Judges ANTELL, SHEBELL and MUIR.

The opinion of the court was delivered by SHEBELL, J.A.D.

Defendant John Tischio was stopped at approximately 8:15 p.m. on April 11, 1984 for allegedly operating his vehicle in an erratic manner. He advised the officer that he had three to four beers. After the officer smelled alcohol and observed defendant's knees sag and slight swaying and staggering he placed him under arrest and took him to headquarters for a breathalyzer examination. The first test was conducted...

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