NJ DWI Standard Statement Irrelevant Where Defendant Submits To Breath Test - State v. Peralta, --- N.J.Super. --- (App. Div. 2014)
Friday, October 31, 2014
Peralta is linked, below.
366 Kinderkamack Road
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Englewood Cliffs, New Jersey 07632
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With respect to Fridriksson’s credibility, he started with this preface:
Determining credibility can be a challenge for a trial judge. We have no special powers in that realm and, wherever possible, avoid reliance upon darts, dice and Ouija boards. However, rarely, has a witness generously offered up so many reasons to be disbelieved. Fridriksson was an evidentiary gift who kept on giving. He ignored rule number one in the Litigants’ Credo: “Know thyself, because others soon will.” Enough of this preamble. Come with me now on a visit to the phantasmagorical world of Fridriksson. Pack lightly.
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Directly from the decision:
After four weeks, the first witness, Stefan Fridriksson (“Fridriksson”), was still testifying. Six additional days were needed to complete his evidence. In total, Fridriksson sub-let the witness box for 26 days. He entered the box as an articulate professional with impressive academic credentials, displaying what appeared to be a sound and comprehensive recollection of events. When he stepped down, after more than 14 days of withering cross-examination, he was noticeably dazed, his credibility was reduced to existential confetti and he even appeared to be physically shorter than when the trial began.
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The decision is lengthy, but worth a read in transit or waiting for a calendar call...
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