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
New Jersey’s Driving While Intoxicated 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 the meaning of the elements motor vehicle and operation. 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
This 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
In New Jersey, if you aren’t operating a motor vehicle, you aren’t driving drunk!
Hope 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 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, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the the person‘s blood.1 Read more
New Jersey Motor Vehicle Code Definitions
As 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:
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
This 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
Apparently 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.
Cranford cops charged three men with crimes on New Year’s Day, 2017, per the news. During a car stop, the cops allegedly found cocaine, marijuana, and a handgun in the 2007 Toyota. Consequently, the cops charged the men with various CDS and weapons offenses. Additionally, they charged the driver with careless driving, driving with a suspended license, and drug possession by motor vehicle operator.