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Brain Injury is No Reason For Test Refusal, Says NJ Court

A state appellate court says a New Jersey driver had no legal grounds to claim a brain injury left her unable to understand police instructions about the consequence of refusing to take a breath test for alcohol.

Courtroom
Peter Dazeley, Getty Images

The case stemmed from a March 2010 traffic stop in Woodbury.

The driver claimed brain damage from a 1978 injury prevented her from understanding the refusal statement an officer read her. Citing her disability, the woman said she should have been accommodated.

Gloucester County prosecutors said that despite her injury, the woman had earned college degrees and a special education teaching certification. She also wrote and illustrated children’s books.

In its opinion made public Wednesday, the court found the officer adequately instructed the woman and that she didn’t seek accommodation for a disability.

(Copyright 2012 by The Associated Press.  All Rights Reserved.)

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