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STATE v. CUMMINGS

875 A.2d 906 (2005)

184 N.J. 84

STATE of New Jersey, Plaintiff-Respondent, v. John R. CUMMINGS, Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 23, 2005.

Attorney(s) appearing for the Case

John Menzel, Point Pleasant, argued the cause for appellant (Moore & Menzel, attorneys).

Annmarie Cozzi, Assistant Prosecutor, argued the cause for respondent (John L. Molinelli, Bergen County Prosecutor, attorney).

Justice RIVERA-SOTO delivered the opinion of the Court.

In 1981, the Legislature engaged in a substantial and comprehensive revision of our laws governing the operation of motor vehicles by intoxicated persons. As part of that revision, the Legislature provided that a person arrested for operating a motor vehicle while intoxicated who refuses to submit to a chemical test of his breath to determine the content of alcohol in his blood would be subject to certain enumerated...

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