No Problem that Trooper Read Wrong Para 36 Warning in DWI – State v. Wilkins
[6/8/09 – 2:30 pm] Last week, the Appellate Division released its decision in the drunk driving case of State v. Wilkins. Among the many defenses raised by the defendant in Wilkins, the Court concluded that the arresting trooper had read the wrong version of paragraph 36, the special advisement that must be read to all suspects who are required to submit to breath testing following a DWI arrest. The Court held that the misstatements in the incorrect paragraph 36 were not of sufficient significance to have prejudiced the defendant in any way. Note as well in the case the Court’s treatment of the so-called 20-minute issue in the context of a breathalyzer case, relying upon the procedure established by the Supreme Court in State v. Chun, 194 N.J. 54 (2008).
State v. Wilkins has not been approved for publication and should be utilized in strict conformity with Rule 1:36.
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