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Court Finds 1 Month Difference In Refusal Form Not Material

9/18/13.  The N.J. Supreme Court released its opinion in State v O'Driscoll. Its a very narrow holding based on the facts of the case that the mistake of an officer in reading the old refusal form statiung 6 months mandfatory suspenion instead of the current 7 months, is not "material" . It did not reach the larger issue that the case was cited for ie the interlock discrepancy or the present refusal form. However it as much as the court announces the standard of materiality, these issues are left for another day.


Jeff Gold

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