Tuesday, October 15, 2013

State v. William O’Driscoll (A-7-12; 070438)

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.