New Jersey Statutes
N.J. Stat. § 39:4-50.2 (2026)
Consent to taking of samples of breath; record of test; independent test; prohibition of use of force; informing accused
✓ current as of May 2026
2. (a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of the provisions of R.S.39:4-50 or section 1 of P.L.1992, c.189 (C.39:4-50.14).
(b) A record of the taking of any such sample, disclosing the date and time thereof, as well as the result of any chemical test, shall be made and a copy thereof, upon his request, shall be furnished or made available to the person so tested.
(c) In addition to the samples taken and tests made at the direction of a police officer hereunder, the person tested shall be permitted to have such samples taken and chemical tests of his breath, urine or blood made by a person or physician of his own selection.
(d) The police officer shall inform the person tested of his rights under subsections (b) and (c) of this section.
(e) No chemical test, as provided in this section, or specimen necessary thereto, may be made or taken forcibly and against physical resistance thereto by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to such test in accordance with section 2 of this amendatory and supplementary act. A standard statement, prepared by the chief administrator, shall be read by the police officer to the person under arrest.
Notes of Decisions
Cited in 69
cases (20 in the last 5 years), 1974–2026 · leading case: State of New Jersey v. Gale Sorensen, 110 A.3d 97 (N.J. Super. Ct. App. Div. 2015).
State of New Jersey v. Gale Sorensen, 110 A.3d 97 (N.J. Super. Ct. App. Div. 2015). “If the Legislature had intended that the police be required to give a copy to the persons tested at the police station, we see no reason why the Legislature would not have stated that requirement in N.J.S.A. 39:4-50.2, rather than only requiring the police to provide a copy upon…”
State v. Schmidt, 19 A.3d 457 (N.J. 2011). “[N.J.S.A. 39:4-50.2.] This appeal focuses on the requirements of subsection (e) of that statute.”
Jonathan Albert Leal v. State, 452 S.W.3d 14 (Tex. App. 2014). “§ 265 -A:14 (Westlaw); N.J. Stat. Ann. §§ 39:4-50.2 , 39:4-50.4a (Westlaw); N.”
State v. Spell, 959 A.2d 1209 (N.J. 2008). “*539 In further holding “that, effective on October 1, 2007, 1 officers must read the additional paragraph of the [New Jersey Motor Vehicle Commission Standard Statement for Operators of a Motor vehicle — N.J.S.A. 39:4-50.2(e) (rev. & eff., April 26, 2004)] whenever the…”
State of New Jersey v. Iris Quintero, 129 A.3d 1125 (N.J. Super. Ct. App. Div. 2016). “3 The e-ticket for this charge incorrectly listed the violated statute as N.J.S.A. 39:4-50.2; however, this mistake has not been raised as an issue in the instant appeal.”
State v. Sherwin, 566 A.2d 536 (N.J. Super. Ct. App. Div. 1989). “If you refuse to give the required breath samples, your refusal will be used against you on a charge of refusing to submit to breath tests, a violation of N.J.S.A. 39:4-50.2. 5. After you have provided samples of your breath for chemical testing, you have the right to have a…”
Roberts v. State of Maine, 48 F.3d 1287 (1st Cir. 1995). “N.J.Stat. Ann. § 39:4-50.2. Under New York law, a mandatory minimum $250 fine is to be imposed, following a separate administrative proceeding, provided the suspect was forewarned that refusal to be tested may result in a license suspension.”
State v. Maxwell, 2016 NMCA 061 (N.M. Ct. App. 2016). “, N.J. Stat. Ann. § 39:4-50.2 (c) (West 2008) (“In addition to the samples taken and tests made at the direction of a police officer hereunder, the person tested shall be permitted to have such samples taken and chemical tests of his breath, urine or blood made by a person or…”
State v. Hudes, 321 A.2d 275 (N.J. Super. Ct. App. Div. 1974). “III The Right of Defendant to Have an Independent Test Made Pursuant to N.J.S.A. 39:4-50.2 ( c ). Defendant was informed of his statutory rights by the police officer before the breathalyzer test was administered, including his right to a blood test as required by N.”
State v. Ettore, 548 A.2d 1134 (N.J. Super. Ct. App. Div. 1988). “DEFENDANT WAS IMPERMISSIBLY THWARTED IN HER ATTEMPT TO EXERCISE HER STATUTORY RIGHT TO AN INDEPENDENT BLOOD TEST AS PROVIDED BY N.J.S.A. 39:4-50.2(c) AND DUE PROCESS OF LAW PURSUANT TO THE N.”
Driver v. Commonwealth, 371 S.E.2d 27 (Va. Ct. App. 1988). “); N.J. Stat. Ann. § 39:4-50.2 (1988 Supp.); N.”
State v. Nicastro, 527 A.2d 492 (N.J. Super. Ct. App. Div. 1986). “39:4-50, the Legislature has enacted N.J.S.A. 39:4-50.2, which states: (a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the…”
N.J. Stat. § 39:4-50.2(E): 1 case
State of New Jersey Vs. Denise R. Flaherty (18-8, Somerset Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
N.J. Stat. § 39:4-50.2(a): 10 cases
State v. Thomas Zingis (N.J. 2024).
State v. Thomas Zingis (N.J. 2024).
State of New Jersey Vs. Keira R. Barber (15-01-0007, Burlington Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
State of New Jersey Vs. Omar Gassama (18-17, Atl. Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
State of New Jersey Vs. Lori Yakita (17-008, Atl. Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
N.J. Stat. § 39:4-50.2(b): 3 cases
State of New Jersey v. Gale Sorensen, 110 A.3d 97 (N.J. Super. Ct. App. Div. 2015). “If the Legislature had intended that the police be required to give a copy to the persons tested at the police station, we see no reason why the Legislature would not have stated that requirement in N.J.S.A. 39:4-50.2, rather than only requiring the police to provide a copy upon…”
State v. Thomas Zingis (N.J. 2024).
State v. Thomas Zingis (N.J. 2024).
N.J. Stat. § 39:4-50.2(c): 8 cases
State of New Jersey v. Gale Sorensen, 110 A.3d 97 (N.J. Super. Ct. App. Div. 2015). “If the Legislature had intended that the police be required to give a copy to the persons tested at the police station, we see no reason why the Legislature would not have stated that requirement in N.J.S.A. 39:4-50.2, rather than only requiring the police to provide a copy upon…”
State v. Ettore, 548 A.2d 1134 (N.J. Super. Ct. App. Div. 1988). “DEFENDANT WAS IMPERMISSIBLY THWARTED IN HER ATTEMPT TO EXERCISE HER STATUTORY RIGHT TO AN INDEPENDENT BLOOD TEST AS PROVIDED BY N.J.S.A. 39:4-50.2(c) AND DUE PROCESS OF LAW PURSUANT TO THE N.”
State of New Jersey Vs. Danielle Jamarino (17-07, Ocean Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
State of New Jersey Vs. Stanley J. Kazanowski (6193, Passaic Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2020).
State of New Jersey Vs. Daniel M. Page(15-043, Morris Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017).
N.J. Stat. § 39:4-50.2(d): 1 case
State of New Jersey v. Jessica Ferguson (N.J. Super. Ct. App. Div. 2025).
N.J. Stat. § 39:4-50.2(e): 18 cases
State of New Jersey v. Gale Sorensen, 110 A.3d 97 (N.J. Super. Ct. App. Div. 2015). “If the Legislature had intended that the police be required to give a copy to the persons tested at the police station, we see no reason why the Legislature would not have stated that requirement in N.J.S.A. 39:4-50.2, rather than only requiring the police to provide a copy upon…”
State v. Spell, 959 A.2d 1209 (N.J. 2008). “*539 In further holding “that, effective on October 1, 2007, 1 officers must read the additional paragraph of the [New Jersey Motor Vehicle Commission Standard Statement for Operators of a Motor vehicle — N.J.S.A. 39:4-50.2(e) (rev. & eff., April 26, 2004)] whenever the…”
State v. Schmidt, 19 A.3d 457 (N.J. 2011). “[N.J.S.A. 39:4-50.2.] This appeal focuses on the requirements of subsection (e) of that statute.”
State of New Jersey v. Iris Quintero, 129 A.3d 1125 (N.J. Super. Ct. App. Div. 2016). “3 The e-ticket for this charge incorrectly listed the violated statute as N.J.S.A. 39:4-50.2; however, this mistake has not been raised as an issue in the instant appeal.”
State of New Jersey Vs. Danielle Jamarino (17-07, Ocean Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019).
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