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 driver who places his hand on the ignition and attempts to start a vehicle constitutes "operation" sufficient to create probable cause for a breath‑test arrest, thereby reinstating the conviction for refusal to submit to a breathalyzer. It also affirmed the underlying drunk‑driving conviction. Justice Clifford dissented, arguing that no operation occurred and that both convictions should be reversed.