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STATE v. WHITE

253 N.J. Super. 490 (1991)

602 A.2d 295

STATE OF NEW JERSEY v. ROBERT J. WHITE.

Superior Court of New Jersey, Law Division Ocean County.

Decided August 5, 1991.

Attorney(s) appearing for the Case

Robert J. Lecky, for appellant (Stamberger & Lecky, attorneys).

Bradley Henson, for respondent (James W. Holzapfel, Ocean County Prosecutor, attorney).

PISCAL, J.S.C.

This matter comes before the court on appeal pursuant to R. 3:23-8. The issue presented is whether a driver who provides one breath sample may properly be convicted for a violation of N.J.S.A. 39:4-50.2 if he refuses to give a second sample.1 This case appears to be one of first impression in this State, and for the reasons that follow, the judgment of conviction is affirmed.

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