Legislature trying to catch you unaware!

11/22/11.   NJ assembly bill A3400 which passed the judiciary committee yesterday and now moves on to the Assembly as a whole. It is a bill that answers State v Marquez not by dealing with the language issue but by bypassing the requirement that the notice be read at all. There may not be too much left of the confusion doctrine now, although it survives, but this bill may resurrect it in spades since defendants would be advised of Miranda and not at all as to the lack of a right to refuse a breath test. Once again IMHO there seems to be a rush to change a law that just “ain’t broke”.  It might be better to say it only has to be read in English that do away with the reading altogether, at least the vast majority of citizens would still be informed that refusing to take a breath test has its own consequences is not like remaining silent.