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STATE v. GARTHE

145 N.J. 1 (1996)

678 A.2d 153

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JOHN M. GARTHE, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 27, 1996.

Attorney(s) appearing for the Case

Mark P. Stalford, Assistant Prosecutor, argued the cause for appellant (John A. Kaye, Monmouth County Prosecutor, attorney; Paul J. Feldman, Senior Staff Attorney, of counsel).

John Menzel, argued the cause for respondent.

Boris Moczula, Special Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Deborah T. Poritz, Attorney General, attorney).

The opinion of the Court was delivered by O'HERN, J.

The principal question in this appeal is whether the standards and procedures for testing the breathalyzers used in the prosecution of drunk driving cases must be set forth in regulations adopted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 to -24. The related questions are whether the testing protocols promulgated by the Division of State Police after the decision below were those followed...

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