Muni-mail – New Paragraph 36 Released by A.G. eff July 1st

[July 3, 2012 – 11:40 am] In response to the Supreme Court’s recommendation in State v. Schmidt, 206 NJ 71 (2010), the Attorney General has released an updated version of the DWI standard statement usually referred to as “Paragraph 36.” The new form is the first significant change to the standard statement since 2004.

Among the changes in the new form are the following:

1. Greatly simplified language

2. A warning about the requirement of the ignition interlock device upon conviction

3. A warning that the obligation to submit to the test includes following instructions, properly performing the test and providing sufficient breath samples, all of which were in play in the Schmidt decision.

The new form does not mention the loss of a civil cause of action under NJSA 39:6A-4.5 upon conviction nor does it provide advice to those defendant who, because of langauge issues, do not understand the standard statement (State v. Marquez, 202 NJ 485 (2010)) or the officer’s instructions on how to take the test. (See Generally State v. Rodriguez-Alejo, 419 NJ Super. 33 (App. Div. 2011)).

A copy of the new paragraph 36 can be found here.

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