DUI/DWI- Refusal to submit to breath test in NJ
- March 21, 2012
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A driver operating a vehicle in Fairfield, Essex County, NJ was arrested for Driving Under the Influence. the police conducted standard field sobriety tests, which the driver was reported to have failed, and attempted to administer the breathylizer (this incident took place in 2004 prior use of the current Alcotest device). The Driver refused to submit to the chemical breath test and, following substantial testimony that the prescription medication she was taking could have had an effect on her ability to drive, was convicted for refusal to provide breath samples and sentenced to a 3 month loss of license accordingly. On appeal the driver argued that the standard statement read to her at the time of arrest did not adequately inform her of the automatic loss of license. The Court held that knowing the penalties associated with refusal to provide breath samples is an essential element of a refusal to submit conviction.
No one is above the law. A former Morris County Municipal Court Judge serving on the Municipal Courts of Dover, Rockaway and Victory Gardens admitted to driving drunk following an arrest in Roxbury. The former Judge was then arrested for a second DWI and charged with refusing a breathylizer test. The Sussex County Judge hearing the case in Sparta found the former Judge guilty.
DUI/DWI in New Jersey is not taken lightly and if you are arrested for these charges, or refusal to submit to a breath test, you should seek an experienced attorney to assist you in your defense. Selecting an attorney who knows your rights and is able to avoid a conviction based on mistakes by officers in their attempt to prove your guilt is the difference between keeping or losing your license, as well as a host of other problems that come with a DUI conviction in NJ. If you are charged with DUI or refusal to submit to the Alcotest contact an attorney immediately to protect your rights. For more information on Driving While Intoxicated in NJ visit HeatherDarlingLawyer.com.