Legal Opinion

State v. O'Driscoll

Supreme Court of New Jersey

Decided September 18, 2013PublishedCited by 28 opinions

1Opinion of the CourtChief Justice Rabner

A police officer arrested defendant William O’Driscoll after watching him drive his SUV across the center line of the road— two times—and then fail a number of field tests. Consistent with the implied consent and refusal laws, N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4a, the officer read defendant a standard statement designed to inform him of the consequences of refusal and to impel him to provide a sample of his breath.

Although the officer correctly told defendant that if he refused, his license could be revoked for up to twenty years, the officer read from an outdated form and misstated…

2Cases cited17 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. DiProspero v. PennSupreme Court of New Jersey · 2005
  3. Duckworth v. EaganSupreme Court of the United States · 1989
  4. State v. GandhiSupreme Court of New Jersey · 2010
  5. State v. SlaterSupreme Court of New Jersey · 2009

12 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Luis Perez v. Zagami, LLC (071358)Supreme Court of New Jersey · 2014
  2. Debra Dugan v. TGI Friday’s, Inc. (077567) Ernest Bozzi v. OSI Restaurant Partners, LLC (077567) (Burlington County and Statewide)Supreme Court of New Jersey · 2017
  3. State v. MunafoSupreme Court of New Jersey · 2015
  4. State of New Jersey v. Scott RobertsonNew Jersey Superior Court Appellate Division · 2014
  5. State of New Jersey v. Diane MonacoNew Jersey Superior Court Appellate Division · 2016

23 more not listed; retrieve them via the Exa API.

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