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Recently, in State v. Greeley, (A-1725-01T3; 10-18-02), the Appellate Division held that breath test results had to be suppressed when a police department’s “unwritten” policy restricting a DWI arrestee’s release from custody unreasonably interferes with the arrestee’s statutory right to an independent test under N.J.S. 39:4-50.2(c). |
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