Curing Or Correcting A Refusal

New Jersey Defense Attorneys: Breath Test Refusal Offense

Being the subject of a DWI stop and thereafter questioned by the police can be very intimidating and confusing. Given this circumstance, it is not uncommon for a motorist to initially refuse or fail to provide proper consent for a breath test, and then change their mind and advise the police that they want to take the breathalyzer. This is what is commonly referred to as attempting to cure or correct a refusal. Whether you succeed in avoiding a conviction for refusal under N.J.S.A. 39:4-50.4 in such a scenario often comes down to not only the facts of your case, but the experience and quality of your representation. The attorneys at our firm, the Law Offices of Jonathan F. Marshall, have the level of experience (i.e. perhaps the most collectively in the state) you need to have comfort that you will have an excellent chance of winning your argument. Lawyers from the firm are available 24/7 to discuss a refusal charge and consultations are always complimentary. The following is important information that you may want to know about the law that applies when you change your mind about taking the breath test and attempt to cure a refusal.

Factors To Be Considered With Respect to an Attempt to Cure

While courts frown on attempts to cure following an initial refusal, the lawyers at our firm have had success in this realm. The factors which we believe are pivotal in this regard are:

  • the time period that has gone by between the initial refusal and the attempt to cure;
  • whether the refusal was an outright rejection; and
  • the relative cooperation and demeanor of the accused.

Where only a relatively brief period has expired before the subject consents and attempts to cure the initial refusal, the prejudice to the state is relatively non-existent. Under this circumstance, there is a much better chance of success on a “cure” argument. Nonetheless, it must also be kept in mind that while we have succeeded in achieving dismissals based on the cure doctrine, the case law does not favor this defense.

If you would like to discuss the facts of your DWI case in more detail with an experienced driving while intoxicated defense lawyer, please don’t hesitate to give us a call. There is no obligation and an attorney will be happy to assist you.