State of New Jersey, Plaintiff-Respondent and Cross-Appellant v. Eugene F. Mulcahy, Defendant-Appellant and…

Summary

The Supreme Court of New Jersey held that a drunk person who places his hands on the ignition key and attempts to start a vehicle constitutes "operation" of the motor vehicle for purposes of N.J.S.A. 39:4-50, thereby justifying the officer's arrest and the requirement to submit to a breathalyzer test. Accordingly, the Court reinstated the defendant's conviction for refusal to submit to the test and affirmed the underlying drunk‑driving conviction.