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STATE v. PERALTA

Docket No. A-5761-12T1

101 A.3d 631 (2014)

437 N.J. Super. 570

STATE of New Jersey, Plaintiff-Respondent, v. Pedro PERALTA, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 31, 2014.

Attorney(s) appearing for the Case

Scott C. Buerkle argued the cause for appellant (The Buerkle Law Firm, attorneys; Mr. Buerkle , on the brief).

Sara B. Liebman , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent ( Grace H. Park , Acting Union County Prosecutor, attorney; Ms. Liebman, of counsel).

Before Judges FISHER, ACCURSO and MANAHAN.

The opinion of the court was delivered by

FISHER, P.J.A.D.

In this appeal, we consider the alleged failure of police to read to defendant, who had been arrested for driving while intoxicated (DWI), the standard statement advising of the consequences of refusing to provide a breath sample. We conclude, as did the trial court, that this failure was not fatal to the DWI prosecution for the simple reason that defendant did not refuse to provide a breath sample...

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