NJ Police Do Not Have to Read Entire Refusal Info. in DWI Cases

NJ "Paragraph 36 Statement" Defenses Now Limited

The New Jersey Supreme Court recently decided in the case of State v. Spell that the police are not required to read the second portion of the statement advising DWI suspects of their obligation to provide a breath sample (“paragraph 36”) in all Refusal cases (NJSA 39:4-50.2).  In reversing the Appellate Division, the Supreme Court held that New Jersey law only requires the reading of the second portion of paragraph 36 when the defendant asks for an attorney ("I want my lawyer here") or provides an ambiguous or conditional answer to the police request to submit to the breath test (I'll blow if you give me a blood test first".) 

In cases where the defendant flat out refuses to provide a breath sample, it is not necessary for the police to read to such defendant the second portion of the warning per State v. Spell.

If you need to hire an attorney to assist you with your NJ DWI and Refusal matter, speak to a former NJ municipal prosecutor at The Law Offices of Thomas Carroll Blauvelt, LLC.  Our 24/7 toll freehotline is 1-877-676-7729.




Thomas C. Blauvelt, Esq., is a former NJ Municipal Prosecutor and Managing Partner, Law Offices of Thomas Carroll Blauvelt, LLC, with offices in Edison, Bridgewater, Whitehouse Station.  His 24/7 toll free hotline is open now at 1-877-676-7729.

                   “NJ Police Do Not Have to Read Entire Refusal Info. in DWI Cases"