REFUSAL TO SUBMIT TO CHEMICAL BREATH TESTING N.J.S.A. 39:4-50.4a.
N.J.S.A. 39:4-50.4a (2)(a) Refusal to Submit to Chemical Breath Test (as amended L.2004, c.8, effecti ve 4-26-2004)
! Every motorist who operates a motor vehicle in New Jersey deems consent to submit to a chemical breath test to determineblood alcohol content. N.J.S.A. 39:4-50.2 (Implied Consent Statute).
! Conviction is based upon “preponderance,” standard of evidence
! Conviction or administrative determination of violation of law of substantially similar nature, another jurisdiction is priorconviction.
N.J.S.A. 39:4-50.4a(2)(b) Refusal to Submit to Chemical Breath Test Driving When Operating in a School Zone
! Same elements as N.J.S.A. 39:4-50.4(a) PLUS:
! The violation occurs while:
! On any school property used for school purposed which is owned by or leased to any elementary or secondary schoolor school board, or within 1,000 feet of such school property;
! driving through a school crossing as defined in R.S. 39:1-1 if the municipality, by ordinance or resolution, hasdesignated the school crossing as such; or
! driving through a school crossing as defined in R.S. 39:1-1 knowing that juveniles are present if the municipalityhas not designated the school crossing as such by ordinance or resolution.