Failure to read refusal
warnings not a defense to DWI State v Peralta 47 NJ Super. 570 (App.Div 2014)
In this appeal, defendant argued the
police failure to read to him the standard statement referred to in N.J.S.A.
39:4 50.2(e) – which, in its current iteration, largely but not entirely
advises of the consequences of refusing to provide a breath sample – requires
reversal of his DWI conviction based solely on an Alcotest reading. The court
held this alleged failure was not fatal to the DWI conviction because defendant
did not refuse to provide a breath sample.
