In November 2016, two New Jersey State Troopers found a gentleman asleep in the driver’s seat of a motor vehicle. Indeed, news reports indicate the police found the gentleman slouched over and sleeping. Meanwhile, the hazard lights blinked in the parked car on the shoulder of a highway in Teaneck. The gentleman woke up after about three minutes. And he allegedly activated the brake lights and the rear windshield wipers as the troopers asked him to turn off the car. Police also alleged the presence of a strong odor of alcohol when the gentleman opened the window. After ordering the gentleman to exit the vehicle, the troopers performed standardized field sobriety tests. Read More
Subsequently, the cop saw the fire chief allegedly remain in place after stopping short at a stop sign. After turning on emergency lights and exiting his car, the officer saw the chief allegedly drive away. Thus, the officer activated his sirens, pursued the chief, and stopped him. Read More
But the cops did not witness the accident take place. In addition, there is nothing in the news report to indicate they have surveillance videos. Furthermore, the news does not indicate the extent of the damage either to the vehicle or the building. Indeed, the news indicates the police conducted only a brief investigation. And the news does not indicate whether the police conducted standardized field sobriety tests (SFSTs). Read More
April is Distracted Diving Awareness Month. To be certain, this is no April Fool’s joke. And here is another surprise you might not have known. Beginning on April 1, New Jersey cops in select towns will crack down on texting while driving. Indeed, the New Jersey Division of Highway Traffic Safety awarded $1,401,830 statewide to subsidize the UDrive Utext UPay campaign. This video from nj dot com offers information about this campaign. Additionally, South Jersey counties, accounting for one-third of all the counties, received $315,920.00, about one-fourth of the funding. This grid reflects the distribution of funds throughout South Jersey’s seven counties. Read More
In addition to license suspension, financial penalties, community service, jail, and ignition interlock, New Jersey’s DWI statute requires Intoxicated Driver Resource Center (“IDRC”) attendance. Established within the New Jersey Division of Addiction Services, the Intoxicated Driving Program oversees and supervises Intoxicated Driver Resource Centers statewide. Coupled with other functions, each IDRC runs educational programs about alcohol, drugs, and highway safety. Indeed, each county must establish an Intoxicated Driver Resource Center on a county or regional basis, in cooperation with the Division of Alcohol and Drug Abuse and the New Jersey Motor Vehicle Commission. Additionally, each Intoxicated Driver Resource Center administrator must be a counselor certified by the Alcohol and Drug Counselor Certification Board of New Jersey, or other professional with a minimum of five years experience in the treatment of alcoholism. Read More
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.
Previously 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