Thursday, May 14, 2015
Police Officer reading inaccurate refusal warning is not a defense to refusal charge State v. O’Driscol
Police Officer reading inaccurate refusal warning is not a defense to refusal charge
State v. O’Driscoll 215 NJ 461 (2013)
The police officer’s errors in the reading of the standard statement informing defendant of the consequences of refusing to provide a breath sample were not material in light of the statutory purpose to inform motorists and impel compliance. The officer’s misstatements could not have reasonably affected defendant’s choice to refuse to provide a breath sample, and do not require reversal of defendant’s conviction for refusal.