A police officer’s failure to read to a suspected drunken driver the statutory warning about the consequences of refusing to take a breath test doesn’t upset a conviction if the driver voluntarily agreed to take a breath test, a New Jersey appeals court has ruled in a published decision.
The three-judge Appellate Division panel disregarded a four-year-old unpublished ruling to the contrary, which lawyers specializing in drunken driving cases had been using to have some charges dismissed or convictions overturned.
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