Police
Officer reading inaccurate refusal
warning is not a defense to refusal charge
State v. O’Driscoll 215 NJ 461 (2013)
The police officer’s errors in the
reading of the standard statement informing defendant of the consequences of
refusing to provide a breath sample were not material in light of the statutory
purpose to inform motorists and impel compliance. The officer’s misstatements could not have
reasonably affected defendant’s choice to refuse to provide a breath sample,
and do not require reversal of defendant’s conviction for refusal.
