State v. Widmaier

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that defendant's acquittal of charge in municipal court barred state's attempts to appeal the case for a trial de novo
• describing the holding of State v. Francis, 67 N.J.Super. 377, 381, 170 A. 2d 476 (App.Div.1961) in a parenthetical
• reciting seven-factor test in determining that law regarding refusal to take breathalyzer test was quasi criminal in nature such that double jeopardy principle attached
• defendant refused to take breath test when he agreed to submit to test but requested attorney be present for calibration purposes
• prohibition against double jeopardy barred State’s appeal from acquittal for refusal to take breathalyzer test, because consequences of violation were equivalent to criminal penalty
• “[EJxcept for the jail sentences authorized by the DWI statute, N.J.S.A 39:4-50, the sanctions for violating the refusal statute are substantially similar to those imposed for violation of the DWI statute.”

Source: CourtListener parenthetical corpus (CC0).