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4 N.J.A.R. 439

Motor Vehicles, Division of v. luliano, Fiore
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Citation: 4 N.J.A.R. 439
Decision Date: 1980
Synopsis: Fiore Iuliano contested the Division of Motor Vehicles' proposed suspension of his driver license for an alleged refusal to submit to a breath alcohol determination test as required by N..J.S.A. 39:4-50.2 et seq. Iuliano argued that he could not understand the request to take the breath test because of his limited understanding of English and thus should not be found to have refused the test. The administrative law judge found that the three elements re- quested by N.J.S.A. 39:4-50.4--probable cause to believe the licensee was operating a motor vehicle while under the influence of intoxicat- ing liquor, arrest and refusal--had been established. As to Iuliano's defense, the administrative law judge determined that when the State has granted an individual the privilege of driving; the burden is upon the individual to understand the laws and regulations governing that privilege and thus absent a change in the statute or the decision of an appellate court, there is no requirement that the request to take the breath test be made in any language but English. Accordingly, the administrative law judge ordered that Iuliano's driving privileges be suspended for a period of three months. Division of Motor Vehicles, uhrepresented Jay Feldman, Esq., for respondent
Statute(s) Cited: 39:4-50.2 et seq.