Thursday, May 14, 2015
Failure to read refusal warnings not a defense to DWI State v Peralta
Failure to read refusal warnings not a defense to DWI State v Peralta 47 NJ Super. 570 (App.Div 2014)
In this appeal, defendant argued the police failure to read to him the standard statement referred to in N.J.S.A. 39:4 50.2(e) – which, in its current iteration, largely but not entirely advises of the consequences of refusing to provide a breath sample – requires reversal of his DWI conviction based solely on an Alcotest reading. The court held this alleged failure was not fatal to the DWI conviction because defendant did not refuse to provide a breath sample.