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STATE v. WRIGHT

107 N.J. 488 (1987)

527 A.2d 379

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. GARY C. WRIGHT, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 30, 1987.

Attorney(s) appearing for the Case

Simon Louis Rosenbach, Assistant Prosecutor, argued the cause for appellant (Alan A. Rockoff, Middlesex County Prosecutor, attorney).

Ralph V. Furino, Jr., argued the cause for respondent (Baer and Arbeiter, attorneys).

Boris Moczula, 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 GARIBALDI, J.

The issue in this case is whether a defendant may be convicted under N.J.S.A. 39:4-50.4a for refusing to submit to a breathalyzer test without proof that he actually was operating a motor vehicle at the time of his arrest. We hold that proof of actual operation is not required. To secure a conviction under N.J.S.A. 39:4-50.4a, the State must prove only that (1) the arresting officer had probable...

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