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4 N.J.A.R. 61

Schatz, Eugene T.; Motor Vehicles, Division of v
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Citation: 4 N.J.A.R. 61
Decision Date: 1980
Agency: DIVISION OF MOTOR VEHICLES
Synopsis: Respondent contests the suspension of his driving privileges based upon his refusal to submit to a breath alcohol determination test. The administrative law judge assigned to the case detrmined that the issues of reasonable grounds and arrest had been established but that respondent was justified in refusing to take the test because of the inherently confusing situation created by police action. This was based upon thejudge's finding that the respondent had been read both his Miranda warnings, including the right to consult with a lawyer, and the standard breath test request form which states that the licensee may consult with no one before taking the test. Finding that the respondent was thoroughly confused by this conflicting advice and that the police failed to respond to his request for clarification, the judge determined that the refusal was justified and accordingly dis- missed the action.