Articles Posted in Refusal to Submit

New Jersey is one of many states that has an implied consent law. This means that if people are stopped for suspicion of DWI, it is presumed under the law that they consent to submit to breath tests, and if they do not, they can be charged with refusal crimes. In a recent New Jersey opinion, a court explained the grounds for charging and convicting a person with refusal in a case in which the defendant argued his conviction was improper because he was charged under the wrong statute. If you are accused of a refusal crime, it is prudent to meet with a skillful New Jersey DWI defense attorney regarding your possible defenses.

The Defendant’s Arrest

It is alleged that the defendant was stopped by a police officer, who detected a smell of alcohol from within the vehicle. Upon questioning, the defendant admitted to drinking alcohol. He submitted to field sobriety tests, which he failed, and he was arrested. The defendant was transported to the police station, where the officer read the defendant the statement required by New Jersey law, which informed him of the consequences of refusing to submit to breath tests. The defendant then refused to submit to the breath test twice.

It is reported that the defendant was charged with multiple offenses, including DWI and refusal. Prior to the trial, he filed a motion to dismiss the refusal charge, claiming that the summons was defective because it stated that the defendant violated the implied consent statute rather than the refusal statute. The court denied the motion, and the defendant was found guilty of refusal. He then appealed. Continue reading

Under New Jersey law, motorists are required to submit to breath tests when they are requested by police officers due to suspicion of DWI. People who refuse to provide the police with a breath sample may be charged with the refusal to submit in addition to DWI charges. Recently, a New Jersey court issued an opinion in which it discussed proof of a defendant’s refusal to submit to a breath test. If you are charged with refusing to submit to a breath test or any other DWI related crime, it is advisable to speak to a dependable New Jersey DWI defense attorney to evaluate your potential defenses.

The Defendant’s Arrest

It is reported that a police officer noted the defendant was driving erratically. He pulled him over, and when he approached the vehicle, he noted a strong smell of alcohol emanating from the plaintiff’s vehicle. When the officer spoke with the defendant, he observed that his eyes were bloodshot and watery and had droopy lids. Therefore, the officer asked the defendant to submit to field sobriety testing.

Allegedly, the defendant failed the field sobriety tests. He was then arrested and charged with DWI and transported to the police station. He was read a Miranda warning but refused to sign a form indicating he was advised of his rights. He was then advised of the consequences of refusing to submit to a breath test but stated he was not sure if he would provide a sample. After he was advised that he had to give a yes or no answer, he answered no. He was ultimately charged with and convicted of multiple DWI crimes, including refusal to submit, after which he appealed. Continue reading