Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant v. Gary C. Wright, Defendant-Respondent

June 30, 1987107 N.J. 488

Summary

The Supreme Court of New Jersey held that a conviction under N.J.S.A. 39:4-50.4a does not require proof that the defendant actually operated the vehicle; the State need only show probable cause that the officer believed the defendant was operating or in control, that the defendant was arrested for DWI, and that he refused the breath test. The Court reversed the Appellate Division and reinstated the refusal conviction.