FAILURE TO PROVIDE PROPER BREATH SAMPLE IS A REFUSAL UNDER NJ DWI LAW N.J.S.A. 39:4-50.2.
State of New Jersey v. Aaron P. Schmidt (A-35-10) Argued March 28, 2011 — Decided May 26, 2011 RIVERA-SOTO, J., writing for the Court, opined: Defendant/NJ Motorist was stopped by police and brought to New Jersey Police headquarters to take breath test to determine if motorist was under the influence of alcohol. At the station, […]