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NJ DUI Appeal Based on Lack of Statement Tossed out

A court in New Jersey has dismissed an appeal filed by a man who claimed that his arrest and conviction of DUI were invalid because police officers failed to warn him about the penalties of refusing a breathalyzer test.

The man was pulled over on suspicion of drunk driving by police officers in 2011. He was administered a breathalyzer test, which registered at above the .08% legally permissible level. He was convicted of DUI, but later appealed his conviction, claiming that officers at the site of his arrest had failed to read him a statement informing him of the consequences of refusing a test.

However, the appellate court ruled that the officers did not have to read the statement to the man, because he had willingly consented to the test. According to the court's decision, failure to read a statement could only be considered a deciding factor in the validity of the arrest and conviction, if the person refused to take the test. In this case however, the man had willingly consented to an alcohol test, and therefore officers were not required to read a statement confirming the consequences of refusing a test.

In Los Angeles, an arrest for DUI can have serious consequences. If you're convicted, you could face penalties that include jail time, community service, and an alcohol education program. You could have your license suspended, and if you are underage, you could have a permanent blot on your driving record. Don't make critical mistakes when you are arrested. As soon as you have been arrested for DUI, get in touch with a DUI defense attorney in Los Angeles immediately. An attorney can begin working on a legal defense that is targeted at getting DUI charges dismissed, or obtaining a favorable plea deal for you.

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