Q) What constitutes a refusal to submit to a breath test in New Jersey?
A) The state has a very straightforward and simple burden in proving that an individual has refused to submit to a breath test. The state must first prove that an individual was driving a motor vehicle on a public or quasi-public road. The second required proof is that the individual appears to have driven a vehicle or intended to drive a vehicle while intoxicated. The third proof is that an individual was requested to submit to a breathalyzer examination and refused or responded in any way that was not a clear yes.
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