Police Must Read Entire Paragraph 36 – State v. Spell

In this morning’s Appellate Division decision in State v. Spell, the Appellate division established a new rule of police procedure in DWI cases by requiring that the police read both parts of the advisory refusal statement (commonly known as paragraph 36) to a defendant who has been arrested for drunk driving when the defendant in any way manifests a refusal to provide a breath sample after being read the first portion of the statement. The new rule of procedure will go into effect statewide on October 1, 2007

Download a copy of State v. Spell.

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