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STATE v. O'DRISCOLL

A-7 September Term 2012, 070438

73 A.3d 496 (2013)

215 N.J. 461

STATE of New Jersey, Plaintiff-Appellant, v. William O'DRISCOLL, Defendant-Respondent.

Supreme Court of New Jersey.

Decided September 18, 2013.

Attorney(s) appearing for the Case

Boris Moczula , Assistant Attorney General, argued the cause for appellant (Jeffrey S. Chiesa, Attorney General of New Jersey, attorney).

Colin E. Bonus argued the cause for respondent (Law Offices of Jonathan F. Marshall, Red Bank, attorneys; Jeff E. Thakker, of counsel).

Jeffrey E. Gold argued the cause for amicus curiae New Jersey State Bar Association (Ralph J. Lamparello, President, Secaucus, attorney; Kevin P. McCann, Immediate Past President, Bridgeton, of counsel; Mr. Gold and Kimberly A. Yonta, on the brief).

Chief Justice RABNER delivered the opinion of the Court.

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...

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