STATE v. LEAVITT


107 N.J. 534 (1987)

527 A.2d 403

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT B. LEAVITT, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 30, 1987.


Attorney(s) appearing for the Case

Charles P. Allen, Jr., argued the cause for appellant (Dietrich, Allen & St. John, attorneys).

John M. Willis, Assistant Prosecutor, argued the cause for respondent (Paul T. Koenig, Jr., Mercer County Prosecutor, attorney).

Boris Moczula, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (W. Cary Edwards, Attorney General, attorney).


The opinion of the Court was delivered by O'HERN, J.

We granted certification, 107 N.J. 28 (1986), limited solely to defendant's argument that giving Miranda1 warnings and "implied consent" warnings to a suspected intoxicated driver is inherently confusing, thereby depriving the suspect of the effective assistance of counsel. The Miranda warnings basically state that a defendant has the right...

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