Latino Peace Officers Association New Jersey State Chapter

News

NJ Supreme Court: No Need for Final Warning to DUI Suspects

Published November 11, 2008

The New Jersey Supreme Court has ruled that police are not required to read a final warning to drunk driving suspects who refuse to take a breath test.

According to published reports, the high court has overturned the portion of an appeals ruling that required police to read the final warning to all drunk driving suspects. The court says the final warning is required only if the suspect conditionally consents or ambiguously declines to provide a breath sample after all other required warnings have been given. The warning cautions suspects that they will be charged with refusing the test and asks them one last time to take it. The reading of the final warning is not required when the suspect refuses to give a breath sample immediately upon request, the court held.

State v. Ernest Spell (A-99-07)

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