In DWI State Not Required to Prove Defendant Advised of Independent Testing. State v Howard 383 N.J. Super. 538 (App Div. 2006)

The State in a DWI case is not required to prove that a defendant has been advised of his or her right to independent testing pursuant to N.J.S.A. 39:4-50.2(c) and (d) in order to sustain a conviction of a per se violation under N.J.S.A. 39:4-50(a).