State v. William O’Driscoll (A-7-12; 070438)
The police officer’s errors in the reading of the
standard statement informing defendant of the
consequences of refusing to provide a breath sample
were not material in light of the statutory purpose to
inform motorists and impel compliance. The officer’s
misstatements could not have reasonably affected
defendant’s choice to refuse to provide a breath
sample, and do not require reversal of defendant’s
conviction for refusal. 9-18-13
The police officer’s errors in the reading of the
standard statement informing defendant of the
consequences of refusing to provide a breath sample
were not material in light of the statutory purpose to
inform motorists and impel compliance. The officer’s
misstatements could not have reasonably affected
defendant’s choice to refuse to provide a breath
sample, and do not require reversal of defendant’s
conviction for refusal. 9-18-13
