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STATE v. MULCAHY

107 N.J. 467 (1987)

527 A.2d 368

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT AND CROSS-APPELLANT, v. EUGENE F. MULCAHY, DEFENDANT-APPELLANT AND CROSS-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 30, 1987.

Attorney(s) appearing for the Case

Edward G. Sponzilli argued the cause for appellant and cross-respondent (Melli & Doyne, attorneys; Cummins, Dunn & Pashman, of counsel; Edward G. Sponzilli, Charles R. Melli, Jr., and Warren S. Robins, on the briefs).

Joseph H. Cerame, Acting Assistant Prosecutor, argued the cause for respondent and cross-appellant (Larry McClure, Bergen County Prosecutor, attorney).

Larry R. Etzweiler, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (W. Cary Edwards, Attorney General, attorney).

The opinion of the Court was delivered by O'HERN, J.

This case concerns the point at which an actor's conduct ripens into the operation of a motor vehicle sufficient to require submission to a breathalyzer test for suspected intoxication. The circumstances here will rarely, if ever, be repeated. The question put to the municipal court, in a hypothetical form, was whether police officers, who see someone who is drunk stagger out of a tavern into a car that is illegally...

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