March 29, 2011

STATE OF NEW JERSEY VS. RAMON A. RODRIGUEZ-ALEJO A-0815-09T3

STATE OF NEW JERSEY VS. RAMON A. RODRIGUEZ-ALEJO A-0815-09T3

We afforded State v. Marquez, 202 N.J. 485 (2010) pipeline retroactivity and reversed a breathalyzer refusal conviction because the Spanish-speaking defendant was not read the standard form information in Spanish. Although not raised on appeal, we also noted that the conviction was flawed pursuant to our recent holding in State v. Schmidt, 414 N.J. Super. 194 (App. Div. 2010), because he was not read the second portion of the standard form when he did not produce a sufficient breath sample. 03-25-11

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