Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. John R. Cummings, Defendant-Appellant

June 23, 2005184 N.J. 84

Summary

The Court held that breathalyzer refusal prosecutions are quasi‑criminal and therefore require proof beyond a reasonable doubt, and that this new rule applies with pipeline retroactivity, remanding the case for the defendant to withdraw his plea or accept the conviction.