Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HARRY P. ALLEX, DEFENDANT-APPELLANT.

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

On this appeal it is once again argued that subjective evidence of a medical expert is admissible to countervail the results of properly administered breathalyzer tests. Once again the contention is rejected.

"[I]ntoxication objectively determined by a breathalyzer test coupled with the operation of a motor vehicle constitutes the offense of drunk driving." State v. Hammond, 118 N.J. 306 , 317, 571 A.2d 942 (1990); State v. Tischio, 107 N.J. 504 , 518, 527 A.2d 388 (1987). As a corollary of this rule, evidence of subjective intoxication is eliminated. State v. Hammond, supra, 118 N.J. at 317, 571 A.2d 942. Consequently, when two breathalyzer tests administered to defendant yielded .14 and .15 blood alcohol readings, defendant was properly barred from attempting to countervail those readings with medical testimony based on videotape evidence of defendant's performance of various physical tests. Hammond and Tischio overrule, although not expressly, our decision in State v. Ghegan, 213 N.J. Super. 383, 517 A.2d 490 (App.Div. 1986).

Affirmed.

Use AI to get other relevant cases.

Comments

STATE v. ALLEX
(Jun 4, 1992)