DWI – Operating a Tractor on Private Property – State v. Elston (UNP)

In today’s UNPUBLISHED Appellate Division opinion of State v. Elston, the defendant was charged with DWI as a result of a trooper witnessing his operation of a tractor on private property. The defendant refused to submit to a breath test and was convicted (4th offense) upon observations.

Note that the refusal charge was apparently dropped at the trial stage since the operation of a motor vehicle did not occur on a public highway. Also note the discussion of proofs required in an observation case and the proper role for a reviewing court at both the Law Division and Appellate Division levels.

Download a copy of the UNPUBLISHED opinion in State v. Elston

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