Appellate Division Stays its Own Decision in Refusal Case – State v. Spell

In State v. Spell, 395 N.J. Super. 337 (App. Div. 2007) the Court required that, effective October 1, 2007, New Jersey police agencies read the second portion of the standard statement known as paragraph 36 whenever a DWI defendant initially declines to submit to a breath test. Following the Court’s decision, the Office of the Attorney General moved for a stay in the ruling pending its attempt to seek a review of the holding by the Supreme Court. The Appellate Division has now granted the State’s request for a stay, thus neutralizing, for the moment, the holding in the Spell case.

Download a copy of the Stay Order.

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