State of New Jersey v. Michael Richard Powers, 150 A.3d 951

Defendant Michael R. Powers was charged in municipal court with obstruction under N.J.S.A. 2C:29-1(a) after a state trooper attempted to issue a parking summons at a New Jersey Turnpike rest stop.
Trooper found two vehicles parked in a no-parking area, obtained their plate information, and encountered defendant as he exited the rest stop building.
Trooper instructed defendant to get into his vehicle and to stop putting his hands in and out of his pockets; defendant refused both instructions.
The trooper grabbed defendant’s wrist after repeated noncompliance; defendant called 9-1-1, asserting the trooper had assaulted him and recited the trooper’s patrol number, prompting the trooper to call for backup.
Defendant identified himself as an attorney, said he was waiting for direction from someone on the phone, and refused the trooper’s commands; another trooper arrived and defendant was arrested.
On Law Division de novo review, judge found obstruction by both “physical interference” and by an “independently unlawful act” (relying on N.J.S.A. 39:4-57); appellate court affirmed in part, reversed in part, and remanded for further findings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence supports obstruction conviction by "physical interference"	Defendant’s refusal to follow orders (standing outside car, hands in pockets) physically interfered with trooper’s ability to issue summons and protect safety	Refusal was nonviolent and did not physically block or obstruct trooper’s performance of issuing a ticket	Remanded for clearer findings — record lacks specificity to show how defendant’s conduct physically interfered with trooper’s duties
Whether defendant committed an "independently unlawful act" under N.J.S.A. 39:4-57	Trooper was enforcing a traffic statute when issuing the parking summons; defendant, as a driver, was obligated to follow officer directions	Defendant was not a “driver” at the time (he was outside the vehicle); statute inapplicable to parking citation enforcement	Rejected: N.J.S.A. 39:4-57 did not apply because defendant was not a driver and the trooper was not enforcing a Chapter 39 provision; cannot support independently unlawful-act theory

State v. Johnson, 42 N.J. 146 (1964) (standard for de novo Law Division review of municipal convictions)
State v. Clarksburg Inn, 375 N.J. Super. 624 (App. Div. 2005) (standard for reviewing sufficiency of evidence on municipal appeal)
State v. Handy, 206 N.J. 39 (2011) (appellate deference: facts vs. legal conclusions)
State v. Churchdale Leasing, 115 N.J. 83 (1989) (criminal statutes construed strictly)
State v. Rone, 410 N.J. Super. 589 (App. Div. 2009) (obstruction upheld where defendant parked between vehicles and stood between them)
State v. Perlstein, 206 N.J. Super. 246 (App. Div. 1985) (obstruction upheld where defendant attempted to move car contrary to officer directions)
State v. Camillo, 382 N.J. Super. 113 (App. Div. 2005) (refusal to provide information may impede report but without physical interference does not support obstruction)
State v. Wright, 107 N.J. 488 (1987) (distinguishing "operator" or "driver" based on physical control of vehicle)
State v. Mulcahy, 107 N.J. 467 (1987) (operation shown by intent to drive and physical acts toward operating vehicle)