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STATE v. BERNHARDT

245 N.J. Super. 210 (1991)

584 A.2d 854

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. GERARD BERNHARDT, JR. DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 10, 1991.

Attorney(s) appearing for the Case

Stephen M. Hiltebrand argued the cause for appellant.

Frederick H. Martin, Assistant Prosecutor, argued the cause for respondent (Edward Borden, Jr., Prosecutor of Camden County, attorney, Frederick H. Martin of counsel and on the letter brief).

Before Judges J.H. COLEMAN, DREIER and ASHBEY.

The opinion of the court was delivered by J.H. COLEMAN, P.J.A.D.

This appeal requires us to decide whether a defendant who refuses to submit to a breathalyzer test must be permitted to "cure" the refusal within a reasonable period. We hold that a "cure" need not be permitted.

The controlling facts are not complicated. On January 21, 1989, at approximately 2:07 a.m., New Jersey State Trooper John Daly observed...

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