Muni-mail – App Div : “Give ’em once last chance to take the test” – State v. Schmidt

In an opinion released yesterday by the Appellate Division, the Court ruled that before charging a refusal violation, the police should read the second part of the DWI standard statement (paragraph 36) to defendants in those circumstances where the defendant gives an initial, unqualified consent to submitting a breath sample and thereafter is unable or unwilling to provide an adequate sample for analysis.

Download a copy of the case, State v. Schmidt.

Category: Muni-Mail Archive