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STATE v. WIDMAIER

724 A.2d 241 (1999)

157 N.J. 475

STATE of New Jersey, Plaintiff-Appellant, v. John WIDMAIER, Defendant-Respondent.

Supreme Court of New Jersey.

Decided March 3, 1999.

Attorney(s) appearing for the Case

Thomas M. Cannavo, Assistant Prosecutor, for plaintiff-appellant (E. David Millard, Ocean County Prosecutor, attorney).

Lisa Sarnoff Gochman, Deputy Attorney General, for amicus curiae, Attorney General of New Jersey (Peter Verniero, Attorney General, attorney).

Matthew W. Reisig, Lindenwold and David J. Foley, III, Red Bank, for defendant-respondent (Matthew W. Reisig, attorney).

The opinion of the Court was delivered by STEIN, J.

This appeal primarily requires us to determine what constitutes a refusal to take a breathalyzer test. When defendant John Widmaier was arrested for driving while intoxicated, the arresting police officer asked him to take a breathalyzer test and informed him that his right to consult with an attorney did not apply to the taking of breath samples. Defendant responded to...

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