Published by New Jersey DWI Attorney, Jeffrey Hark.
14-2-9400 State v. Choi, App. Div. (per curiam) (13
pp.) Defendant, who was arrested for a variety of traffic offenses and pled
guilty to driving while intoxicated, appeals the denial of his motion to
suppress the evidence of his refusal to submit to a breath test, claiming that
significant portions of the Korean translation of the standard statement,
N.J.S.A. 39:4-50.2(e), were incorrect and incomprehensible. The panel affirms,
finding that the record supports the findings that defendant spoke English well
enough to understand the standard statement in English, that he understood his
unconditional obligation to give a breath sample, but he knowingly declined to
give the sample, and that it was therefore unnecessary to determine the
adequacy of the Korean translation of the standard statement (which was
subsequently revised).
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