In State v Stas, The NJ Supreme Court has reversed an Allowing a DWI charge where the lower court had used the silence at scene by the defendant to convict. The defense here was that the co def who admitted operation at the scene (yes Putz J) was actually not the driver and the Allowing defendant (Stas) was. The Court below found that Stas would have objected at scene if this was true. The Supreme Court disagreed with any use of the defendants silence and reversed. Although not directly at issue, the Court also reaffirmed that Allowing requires proof that defendant knew that the driver was intoxicated. This is important in many cases and its good to have a Supreme Court cite on it.