A Superior Court appellate decision lodged a second strike against a Woodbury Heights man Wednesday, after it denied his appeal on a technicality of a 2010 drunken driving conviction.
Edward F. Sylvia, 56, this time tried to argue he was prosecuted in the wrong jurisdiction, after being found guilty in Woodbury Heights municipal court of drunk driving, after refusing a breath test after being pulled over on Mantua Pike on Jan. 11, 2010.
Sylvia claimed because he was technically pulled over on the West Deptford of the pike, the Woodbury Heights court lacked jurisdiction, rendering that judgement invalid.
Assistant Gloucester County Prosecutor Margaret Cipparrone wrote in an opposing brief it was proper to hear the case in Woodbury Heights, given an officer first observed two other violations—a broken light and expired inspection—while in front of the , on the Woodbury Heights side of the pike.
The appeals court agreed with the prosecution, and, in a 10-page published opinion, said it was a case of a “continuing violation,” which could have been prosecuted in either Woodbury Heights or West Deptford.
The appeals court upheld Sylvia’s 10-year license suspension and 180-day jail sentence in the decision.
On Tuesday, , where the appellate division rejected his arguments the Alcotest machine used to register his blood-alcohol content—measured at the scene at more than twice the legal limit—was inaccurate.