April 17, 2013
Published by New Jersey DWI Attorney, Jeffrey Hark.
14-2-9400 State v. Choi, App. Div. (per curiam) (13 pp.) Defendant, who was arrested for a variety of traffic offenses and pled guilty to driving while intoxicated, appeals the denial of his motion to suppress the evidence of his refusal to submit to a breath test, claiming that significant portions of the Korean translation of the standard statement, N.J.S.A. 39:4-50.2(e), were incorrect and incomprehensible. The panel affirms, finding that the record supports the findings that defendant spoke English well enough to understand the standard statement in English, that he understood his unconditional obligation to give a breath sample, but he knowingly declined to give the sample, and that it was therefore unnecessary to determine the adequacy of the Korean translation of the standard statement (which was subsequently revised).
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