MINUSKIN, J.S.C.
Defendant is charged with violating N.J.S.A. 39:4-50(a), which makes it unlawful for a person to operate "a motor vehicle with a blood alcohol concentration of 0.10% or more...." This provision enacted by a 1983 Amendment defines the per se violation of driving while intoxicated ("DWI"). State v. Downie,
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