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STATE v. McGINLEY

229 N.J. Super. 191 (1988)

550 A.2d 1305

STATE OF NEW JERSEY v. ROBERT MCGINLEY, DEFENDANT. STATE OF NEW JERSEY v. JAMES DESTERRE, DEFENDANT. STATE OF NEW JERSEY v. ROBERT SHULL, DEFENDANT. STATE OF NEW JERSEY v. WILLIAM S. FIEL, DEFENDANT.

Superior Court of New Jersey, Law Division Burlington County.

Decided September 12, 1988.

Attorney(s) appearing for the Case

James J. Gerrow, Jr., Assistant Burlington County Prosecutor, for the State (Stephen G. Raymond, Prosecutor).

William Emmett Sitzler for Defendant Robert McGinley.

James R. Bodnar for Defendant James Desterre.

Ian M. Stuart for Defendant Robert Shull (Stuart & Olizi, attorney).

John E. Collins for Defendant William S. Fiel.

OPINION

HAINES, A.J.S.C.

The opinions which follow conclude on the basis of scientific evidence, that the results of breathalyzer tests performed on persons charged with drunk driving (DWI) have a substantial margin of error requiring large adjustments or complete rejection. They will be read by some as promoting the rights of drunk drivers. They should be read as protecting the civil rights of all persons...

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