STATE v. RAVOTTO


755 A.2d 602 (2000)

333 N.J. Super. 247

STATE of New Jersey, Plaintiff-Appellant, v. Richard RAVOTTO, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 12, 2000.


Attorney(s) appearing for the Case

Susan W. Sciacca, Deputy First Assistant Prosecutor, for plaintiff-appellant

(William H. Schmidt, Bergen County Prosecutor, attorney; Ms. Sciacca, of counsel and on the brief).

Robert J. Bates, Westwood, for defendant-respondent Richard Ravotto.

Ronald K. Chen, Newark, for amicus curiae, American Civil Liberties Union of New Jersey (Ronald K. Chen, Rutgers Constitutional Law Clinic, and Lenora M. Lapidus, attorneys; Ms. Lapidus and Mr. Chen, on the brief).

Before Judges HAVEY, KEEFE and A.A. RODRÍGUEZ.


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

In this appeal from a drunk-driving conviction, we hold that the extraction of an uncooperative driver's blood, by a nurse in a hospital emergency room, while police officers are restraining the driver, does not violate the driver's federal or state constitutional right.

Richard Ravotto, age twenty-six, was arrested in Edgewater and charged with driving while under the influence, contrary to...

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