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Did County Prosecutor Just Muddy the Refusal Waters?

 

5/31/12.   In a surprising move, it appears that the Monmouth County Prosecutor has recognized that defendants should be advised orally of an additional paragraph #12 in the Standard Refusal statement (which must be read in every DWI case  in the state) as to the interlock penalties. This is a very interesting position. On the one hand, this acknowledges the deficiency in the current MVC approved form (April 2004) yet that is still the only form required to be read by the statute (but doesn’t include reference to the interlock at all). Also note the interlock penalties cited do not seem to jive with the current statute.

The matter is the subject of great debate and litigation around the state.

Is it allowable for counties to modify the form unilaterally?. Are any other
counties doing this?

Jeff Gold

 

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