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STATE v. SCHMIDT

No. 066538.

19 A.3d 457 (2011)

206 N.J. 71

STATE of New Jersey, Plaintiff-Appellant, v. Aaron P. SCHMIDT, Defendant-Respondent.

Supreme Court of New Jersey.

Decided May 26, 2011.

Attorney(s) appearing for the Case

Boris Moczula , Assistant Attorney General, argued the cause for appellant ( Paula T. Dow , Attorney General of New Jersey, attorney).

Peter J. Bonfiglio, III , Woodbury, argued the cause for respondent ( Hoffman-DiMuzio , attorneys).

Jeffrey S. Mandel , Morristown, submitted a brief on behalf of amicus curiae Association of Criminal Defense Lawyers of New Jersey ( PinilisHalpern , attorneys).

Justice RIVERA-SOTO delivered the opinion of the Court.

Arrested as a repeat offender for driving while intoxicated, defendant Aaron P. Schmidt was read the standard warnings that must be provided before the administration of a breath-based blood alcohol test. Defendant consented to the administration of the breath test. Although defendant was instructed that, in order to produce valid results, he needed to provide a long...

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