Alcotest 7110, Foundational Documents

State v. Chun, N.J.S.A. 39-4-50.2, New Jersey, Driving While Intoxicated, DWI, Driving Under the Influence, DUI, drunk driving, Refusal to Submit to Breath Test, Alcotest, Alcotest 7110, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, traffic ticket, juvenile, attorney, lawyerPolice from three Gloucester County towns investigated a single-vehicle crash with a utility pole on August 26, 2017.

News reports indicate the cops determined the driver was under the influence of alcohol. But the media did not report about the Standardized Field Sobriety Tests.

Nevertheless, the cops arrested the driver and took breath samples with an Alcotest.

Afterwards, the police charged the driver with Driving While Intoxicated1 and other traffic offenses. Read more


New Jersey’s Implied Consent Statute, N.J.S.A. 39:4-50.2

New Jersey's Implied Consent Statute, N.J.S.A. 39-4-50.2, New Jersey, Driving While Intoxicated, DWI, Driving Under the Influence, DUI, drunk driving, Refusal to Submit to Breath Test, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, traffic ticket, juvenile, attorney, lawyerPreviously I blogged about Refusal to Submit to Breath Test with respect to New Jersey’s drunk driving statute. Today I stumbled upon an infographic, however, purporting to explain individual rights. Indeed, this document included decorative colors, impressive photography, and concise language. Of course, this begs the question: why do these features persuade a person to want to believe what the document says? Nevertheless, some of the points appeared to be legally correct. But with respect to whether one must submit to a breath test, this infographic declared—in all caps, no less—you have the right to refuse. Though possibly true where the creator of this infographic lives, this directly contradicts New Jersey’s Implied Consent statute.1 Read more


Standardized Field Sobriety Tests

standardized field sobriety tests, New Jersey, Driving While Intoxicated, DWI, Driving Under the Influence, DUI, drunk driving, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, traffic ticket, juvenile, attorney, lawyerNew Jersey’s drunk driving statute imposes penalties on a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug…1 Previously I blogged about the definition of operation and cases to illustrate the meaning of operation under this statute. Additionally, I blogged about the definition of motor vehicle, and the meaning of under the influence by the DUI statute. Of course, every defendant has to right to insist the State prove these elements beyond a reasonable doubt. Thus, with respect to being under the influence, the State shoulders the burden of proving a substantial deterioration or diminution of the mental faculties or physical capabilities of the defendant. Consequently, the State will include the Standardized Field Sobriety Test results among the evidence for its case in chief unless an exclusionary rule applies. Read more

Under The Influence and New Jersey’s DWI Statute

under the influence, New Jersey Motor Vehicle Code, New Jersey, Driving While Intoxicated, DWI, Driving Under the Influence, DUI, drunk driving, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, traffic ticket, juvenile, attorney, lawyerNew Jersey’s Driving While Intoxicated statute imposes penalties on a person who a while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug…1 Previously I blogged about the the meaning of the elements and . Many examples fall within the definition of motor vehicle. Additionally, many circumstances fall within the broad definition of operation. Similar to operation, the New Jersey legislature did not define under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drug in the Motor Code. Instead, the judiciary has developed the definition through case law. This post will take up the meaning of these elements. Read more


Motor Vehicle Operation by New Jersey’s DWI Statute

Motor Vehicle Operation, New Jersey Motor Vehicle Code, New Jersey, Driving While Intoxicated, DWI, Driving Under the Influence, DUI, drunk driving, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, traffic ticket, juvenile, attorney, lawyerPreviously I blogged about motor vehicle under the New Jersey drunk driving statute. Understandably, people generally assume drunk driving requires proof that the defendant drove. Despite its title, however, the does not prohibit driving. Instead, it prohibits motor vehicle , which is significantly broader than driving. Indeed, the broad interpretation and application of by New Jersey courts complements the State’s legislative policy prohibiting this conduct by intoxicated people.1 But it also yields results that must seem absurd, or at the very least unreasonable, to the ordinary person. While any defense should analyze the issue of , a person facing charges in New Jersey for will almost certainly need a defense that negates or undercuts other aspects of the State’s case, too. A review of the cases illustrates why this is so. Read more

Operation: What is the definition of “Operate” by the New Jersey DWI Statute?

Introduction

Operation by the New Jersey DWI Statute, New Jersey Motor Vehicle Code, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerThis post will refer to New Jersey’s drunk driving law as driving under the influence (DUI), driving while intoxicated (DWI), and—without intending to be redundant—drunk driving. But forget the word “driving” because the statute defining the offense does not use that word. And forget about placing the motor vehicle in “drive” as a prerequisite for this offense. Instead, the statute sets forth penalties for a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or more by weight of alcohol in the defendant’s blood. Read more


What is a Motor Vehicle under New Jersey’s Drunk Driving Law?

In New Jersey, if you aren’t operating a motor vehicle, you aren’t driving drunk!

Motor Vehicle, New Jersey Motor Vehicle Code, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerHope springs eternal. And this hopeful thought probably crosses the mind around 2 a.m. when one needs to get home from the bar. Nevertheless, as this post will demonstrate it is not entirely accurate. Indeed, New Jersey’s imposes penalties on a who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the the ‘s blood.1 Read more


New Jersey Motor Vehicle Code Definitions, N.J.S.A. 39:1-1

New Jersey Motor Vehicle Code Definitions

New Jersey Motor Vehicle Code Definitions, N.J.S.A. 39:1-1, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerAs used in this subtitle, unless other meaning is clearly apparent from the language or context, or unless inconsistent with the manifest intention of the Legislature, these are the New Jersey Motor Vehicle Code Definitions:

A

Alley means a public highway wherein the roadway does not exceed 12 feet in width.

Authorized emergency vehicles means vehicles of the fire department, police vehicles and such ambulances and other vehicles as are approved by the chief administrator when operated in response to an emergency call.

Autocycle means a three-wheeled motorcycle designed to be controlled with a steering wheel and pedals in which Read more


Refusal to Submit to Breath Test, N.J.S.A. 39:4-50.4a

Refusal to Submit to Breath Test, N.J.S.A. 39:4-50.2, driving while intoxicated, driving under the influence, dui, dwi, New Jersey, Atlantic County, Bergen County, Burlington County, Camden County, Cape May County, Cumberland County, Essex County, Gloucester County, Hudson County, Hunterdon County, Mercer County, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Salem County, Somerset County, Sussex County, Union County, Warren County, criminal defense, drunk driving, traffic ticket, juvenile, attorney, lawyerThis week Jersey City cops charged a local firefighter with refusal to submit to a breath test, among other offenses. The cops claim he drove a 2005 Cadillac Escalade through an intersection they had closed due to a four-car collision. Additionally, they claim he sped through the area and ignored orders to stop. They also claim he drove around a marked police car with its lights on. Furthermore, he almost clipped two police officers investigating the motor-vehicle accident. The firefighter allegedly had glassy, dilated eyes, could not speak full sentences, and could not complete the field sobriety tests. Read more


Leaving The Scene of an Accident, N.J.S.A. 39:4-129

leaving the scene of an accident, N.J.S.A. 39:4-129Apparently the news about crime comes from police department news releases. To prepare this post about Leaving the Scene of an Accident, I read a news item that began, “Lopatcong Township police responding to a crash scene early Wednesday found a traffic light knocked down, but no vehicle, according to a news release.” http://www.nj.com/warren/index.ssf/2017/01/drunken_driver_leaves_crash_scene_outside_phillips.html (emphasis added) (last visited January 19, 2017). Surprisingly, the reporter did not write about his independent investigation.
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