Argued March 15, 2005 -- Decided June 23, 2005
RIVERA-SOTO, J., writing for a unanimous Court.
On January 7, 2003, John R. Cummings was stopped by Mahwah Township Police Officer Michael Blondin for illegally crossing the center line of traffic. Officer Blondin believed that Cummings was under the influence of an intoxicant and arrested him. At the police station, Officer Blondin requested twice that Cummings submit to a breathalyzer test. Cummings twice refused. Officer Blondin issued citations to Cummings for driving while intoxicated and refusing to submit to a breathalyzer test in violation of the Refusal Statute.