Parking Garage is Quasi-Public for Refusal Offense – State v. Bertrand

[08/03/09 – 10:14 am] The provisions of NJSA 39:4-50.2 require that a person who operates a motor vehicle on a public road, street, highway or quasi-public area of the State shall be deemed to have given his consent to providing breath samples to the police when there is probable cause to believe he has operated a motor vehicle while under the influence of alcohol. To date, there has been very little case law defining the concept of “quasi-public area.” However, in this morning’s Appellate Division decision captioned State v. Bertrand, the Court ruled that a private parking garage with sufficient room for 300 spaces constituted a quasi-public area sufficient to trigger the requirement that the intoxicated defendant (who was a trespasser there) submit to providing samples of his breath.

Download a copy of State v. Bertrand.

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