Blood & Breath Test Refusal

Here is some important precedent governing Blood & Breath test refusal in New Jersey:

State v. Cummings, 184 N.J. 84 (2005)

The Supreme Court of New Jersey held that the elements of refusal must be established beyond a reasonable doubt.

State v. Bernhardt, 245 N.J. Super 210(App. Div. 1992)

This case sets forth the six elements necessary to establish refusal. The court also held that once a defendant refuses to take a breathalyzer test he cannot thereafter “cure” the refusal by agreeing to take the test.

State v. Carrado, 184 N.J. Super 561(App. Div. 1982)

This case held that a request requires a simple “yes” or “no” and setting is not one for explanation, negotiation, or debate.