State of New Jersey v. ERNEST SPELL (A-4186-05T5)

Submitted May 31, 2007 - Decided - July 31, 2007

[07/31/07 – 11:51 am] In this morning’s Appellate Division decision in
State v. Spell, the Appellate Division established a new rule of police
procedure in DWI cases by requiring that the police read both parts of the
advisory refusal statement (commonly known as paragraph 36) to a defendant
who has been arrested for drunk driving when the defendant in any way
manifests a refusal to provide breath samples after being read the first
portion of the statement. The new rule of procedure will go into effect
statewide on October 1, 2007.

Click here for the complete ruling in State of New Jersey v. ERNEST SPELL (A-4186-05T5) in PDF format.