STATE v. SCHMIDT A-2237-08T4

STATE v. SCHMIDT A-2237-08T4 7-1-10

In this opinion we hold that (1) the police are required to
comply with N.J.S.A. 39:4-50.2(e) by reading the standard
language concerning the consequences of a refusal to take an
Alcotest (part two of the Standard Statement) when a defendant
unequivocally agrees to submit to an Alcotest but then fails
without reasonable excuse to produce a valid sample and (2) the
police have the discretion to discontinue the Alcotest and
charge the arrestee with refusal without affording the arrestee
the maximum eleven attempts that the Alcotest machine permits.