Form 165: Brief to Dismiss Refusal Summons

• Library: Criminal Law Forms (ABA) (2013 Ed.)

Form 165: Brief to Dismiss Refusal Summons

KENNETH VERCAMMEN
& ASSOCIATES, PC
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
Attorney for Defendant

THE STATE OF NEW JERSEY

v.

__________ Defendant

MUNICIPAL COURT OF __________

SUMMONS NO.
Offense: DWI, refusal, Quasi
Criminal Action- DWI

Brief to Dismiss Refusal Summons Based on Police Failure to read correct refusal statement as required by NJ Attorney General

The New Jersey Attorney General's office on April 27, 2004 issued a new directive to all Police Departments revising the standard DWI Refusal Statement.

The Attorney General wrote: "Effective Monday, April 26, 2004, Governor James M. McGreevey signed Assembly Bill No. 2259, into law. This bill amends the penalties for refusing to submit to chemical breath testing, N.J.S.A. 39:4-50.4a. The provisions in this bill became effective immediately upon adoption (A2259 [1R], §4).

With the adoption of this bill, it was necessary to have the Chief Administrator of the New Jersey Motor Vehicle Commission (formerly the Director, Division of Motor Vehicles) approve a revised Standard Statement for Operators of a Motor Vehicle, pursuant to N.J.S.A. 39:4-50.2(e). The NJ MVC Chief Administrator approved that revision to become effective immediately upon the adoption of Assembly Bill No. 2259, First Reprint, into law. A copy of the revised Standard Statement for Operators of a Motor Vehicle is attached. It is also available, in an Adobe Acrobat PDF format, on the Division of Criminal Justice internet website at www.njdcj.org or at www.state.nj.us/lps/dcj, under the heading Attorney General Guidelines, DWI Enforcement, "NJ MVC Standard Refusal Statements."

Accordingly, this Letter-Memorandum superseded the Letter-Memorandum dated January 22, 2004 entitled, "New DWI 0.08% Per Se Offense, Revised Standard Refusal Statement."

Effective immediately ALL law enforcement officers in this State who place a person under...