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STATE v. TISCHIO

107 N.J. 504 (1987)

527 A.2d 388

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

The Supreme Court of New Jersey.

Decided June 30, 1987.

Attorney(s) appearing for the Case

Robert B. Gigl, Jr., argued the cause for appellant (Stein, Bliablias, McGuire & Pantages, attorneys).

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

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 HANDLER, J.

This appeal requires the Court to interpret N.J.S.A. 39:4-50(a). This statute makes it unlawful for a person to operate "a motor vehicle ... with a blood alcohol concentration of 0.10% or more by weight of alcohol in the [person's] blood." Specifically, we must decide whether, under the statute, a blood-alcohol level of at least 0.10%, determined solely by a breathalyzer test that is administered within...

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