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STATE v. GREELEY

834 A.2d 1016 (2003)

178 N.J. 38

STATE of New Jersey, Plaintiff-Appellant, v. John P. GREELEY, Defendant-Respondent.

Supreme Court of New Jersey.

Decided November 13, 2003.

Attorney(s) appearing for the Case

Joseph P. Connor, Jr., Assistant Prosecutor, argued the cause for appellant (Michael M. Rubbinaccio, Morris County Prosecutor, attorney).

John P. Greeley, argued the cause pro se.

Justice ZAZZALI delivered the opinion of the Court.

This appeal concerns the right of a defendant, pursuant to N.J.S.A. 39:4-50.2(c), to an independent blood-alcohol test after being arrested for driving while intoxicated (DWI). Specifically, we must decide whether the police violate that right by refusing to release, except to the care of a relative or friend, a defendant whose station-house test reveals a blood-alcohol level in excess of the legal limit....

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