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STATE v. SCHMIDT

No. 066538.

19 A.3d 457 (2011)

206 N.J. 71

STATE of New Jersey, Plaintiff-Appellant, v. Aaron P. SCHMIDT, Defendant-Respondent.

Supreme Court of New Jersey.

Decided May 26, 2011.

Attorney(s) appearing for the Case

Boris Moczula, Assistant Attorney General, argued the cause for appellant (Paula T. Dow, Attorney General of New Jersey, attorney).

Peter J. Bonfiglio, III, Woodbury, argued the cause for respondent (Hoffman-DiMuzio, attorneys).

Jeffrey S. Mandel, Morristown, submitted a brief on behalf of amicus curiae Association of Criminal Defense Lawyers of New Jersey (PinilisHalpern, attorneys).

Justice RIVERA-SOTO delivered the opinion of the Court.

Arrested as a repeat offender for driving while intoxicated, defendant Aaron P. Schmidt was read the standard warnings that must be provided before the administration of a breath-based blood alcohol test. Defendant consented to the administration of the breath test. Although defendant was instructed that, in order to produce valid results, he needed to provide a long...

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