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5 N.J.A.R. 67

Motor Vehicles, Division of v. Gilbride Jr., Francis X
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Citation: 5 N.J.A.R. 67
Decision Date: 1980
Synopsis: The Division of Motor Vehicles sought to suspend respondent's driver license for his failure to submit to a breath alcohol determina- tion test, pursuant to N.J.S.A 39:4-50.2 et seq. The administrative law judge assigned to the case found that the questions of probable intoxication and arrest were undisputed. The judge determined, however, that the arresting officer did not have reasonable grounds to believe that respondent had been driving, oper- ating, or had been in actual physical control of the motor vehicle since respondent had been arrested in a parked car before his key was put in the ignition. Accordingly, the administrative law judge dismissed the charge against respondent.
Statute(s) Cited: 39:4-50.2 et seq.