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STATE v. HESTER

245 N.J. Super. 75 (1990)

584 A.2d 256

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CLEVE HESTER, JR., DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 24, 1990.

Attorney(s) appearing for the Case

Jack J. Lipari, Assistant Prosecutor, argued the cause for appellant (Jeffrey S. Blitz, Atlantic County Prosecutor, attorney; Jack J. Lipari, of counsel and on the letter brief and reply to brief of amicus curiae).

Mark E. Roddy argued the cause for respondent (Goldenberg, Mackler & Sayegh, attorneys; Mark E. Roddy, on the brief).

Jean D. Barrett argued the cause on behalf of amicus curiae The Association of Criminal Defense Lawyers of New Jersey (Ruhnke & Barrett, attorneys; Jean D. Barrett, on the brief).

Before Judges SHEBELL, HAVEY and SKILLMAN.

The opinion of the court was delivered by SHEBELL, J.A.D.

In this case of first impression in New Jersey, we are called upon to determine the validity of the stopping of an automobile after pursuit incidental to the operation of a driving-while-intoxicated (DWI) checkpoint. The basis for the stop was that the automobile made a U-turn, otherwise lawful, at a location approximately 300 to 400 feet before a police roadblock and checkpoint established for the purpose...

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