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STATE v. BODTMANN

239 N.J. Super. 33 (1990)

570 A.2d 1003

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. MARILYN BODTMANN, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided February 22, 1990.

Attorney(s) appearing for the Case

Susan W. Sciacca, Special Deputy Attorney General, Acting Assistant Prosecutor, argued the cause for appellant (John G. Holl, Assistant Attorney General In Charge, Acting Bergen County Prosecutor, attorney; Susan W. Sciacca, of counsel and on the letter brief).

Richard D. Kraus argued the cause for respondent (Barrett & Kraus, attorneys; Richard D. Kraus, on the brief).

Before Judges PETRELLA, O'BRIEN and HAVEY.

The opinion of the court was delivered by O'BRIEN, J.A.D.

In this driving while intoxicated (DWI) case, by leave granted, the State appeals from an order suppressing the results of a blood test performed on defendant and the hospital records relating thereto. We reverse and remand.

At approximately 5:50 p.m. on December 11, 1988, Patrolman George Hall was assigned to investigate a serious automobile accident on Kinderkamack Road, immediately north of Soldier...

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