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Thursday, November 13, 2014

STATE VS. PERALTA A-5761-12T1

STATE OF NEW JERSEY VS. PEDRO PERALTA 
A-5761-12T1 
In this appeal, defendant argued the police failure to read 
to him the standard statement referred to in N.J.S.A. 39:4- 
50.2(e) – which, in its current iteration, largely but not 
entirely advises of the consequences of refusing to provide a 
breath sample – requires reversal of his DWI conviction based 
solely on an Alcotest reading. The court held this alleged 
failure was not fatal to the DWI conviction because defendant 
did not refuse to provide a breath sample.