Texting While Driving, N.J.S.A. 39:4-97.3

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


IDRC: Intoxicated Driver Resource Center

IDRC, Intoxicated Driver Resource Center, State v. Chun, N.J.S.A. 39:4-50, 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, lawyerIn 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


Unsafe Lane Change, N.J.S.A. 39:4-88

Unsafe Lane Change, N.J.S.A. 39:4-88, arathi, backyard boogie, Barney Bumble (The Best Purps in Town), BC, Bible worksheets, bis, bishop, blifter, bloop, bob, Bob Hope, bobatti, Bobby Brown, bongo, booboo shit, boogity brown, boone, bread, brown, brown buddha, brown frown, bubble kushy, bud, budski, Burger King, cabbage, Caracas, CDs, cess, cheatham, checkers, cheeba, cheg, chess, chicken, chronic, c-jizz, comic books, course notes, crunch, curley wurley, dagga, dak, Daniel Nuggetstone, dank, Dan K. Buddinhash, dankinstein, Dave, Detroit, diesel, dime, dirt weed, dodo, doja, doobage, dope, draw, dro, D's, dub sack or twamp, dumm, dunce, DVD's, eighth, electric puha, fire, freakus, friendship, frodis, funk, gangster gumbo, ganja or ganj, George, goo, good advice, good sh*t, goofy boots, grade — good-quality bud, Grandpa's medicine, grapes, grass, green tea, green, greenest of the goop, greenest of the green, g-regs, gregs, Guitar Hero, w:Guy Smiley, gwaai, hash, hashish, hay, headies, hemp, herb, herbsteins, hydro, ice cream, indo or endo, insangu, instaga, IZM, Jean, Jimmy, Kevin Bacon, kibs, kibbies, kif, kill, killer herb, killa, kind, kine bud, krinze, Kush, kushempeng, L, lamb's bread, lef, lemon G, little beasts, loud, lowes, lula, lye, magic cancer, magic, marijuana, Mary Jane, mbanje, Mannie Fresh. mannie, Mecca, Mexican kilobrick, mids, moss, 'Mostly [Maui Waui] man, but it's got some Labrador in it' mota, muggles, nay nay famous, newguys, nick, nickel, nodge, nug, nugget, nugs, Old Toby, outdo, O-Z, pakalolo, pot, ramín, reefbuds, Reggie Miller, regs, reefer, regs, rodeo, rolling, Sampson, sappad, schwag, schwanal, schwugs, scooby-doo, scratchy, sha-bang-a-bang-a, shake, sinsemilla, sinse, skin-up, skunk, smeed, snickle-fritz, soap bar, solid, spank, squirter-farter, sticks, sticky-icky-icky, stank, stuff, sweet G, tacos, tea, tiger fear, tree, forb, trees, trizer, tweed, wacky tobaccy, wacky baccy, weed, wheat, widdle, wizard, 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, lawyerSecaucus cops recently stopped a Florida driver passing through Hudson County, per nj dot com. Indeed, the police allegedly observed him driving erratically. Additionally, the police found alleged drugs and paraphernalia in the car during the road-side investigation. Consequently, the cops charged the visitor with possession of marijuana and possession of drug paraphernalia. Additionally, the cops issued citations for various motor vehicle offenses. These offenses included unsafe lane change and unlicensed driver. Additionally, the cops charged him with failure to signal turn and failure to possess a driver’s license. Furthermore, they charged him with operation of motor vehicle while in possession of drugs. Read More

Reckless Driving, N.J.S.A. 39:4-96

Reckless Driving, N.J.S.A. 39:4-96, 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, dui, dwi, traffic ticket, attorney, lawyerSecaucus police recently charged three motorists with Reckless Driving, DWI, and other offenses, per nj dot com. Indeed, one motorist was allegedly involved in a crash in the early morning hours on February 4, per Police Captain Dennis Miller. (Yes, apparently that is his name. And since he wears a badge and carries a gun, he is presumably the only one who gets to joke about it–except, of course, for Mrs. Miller.) Consequently, the cops charged him with Reckless Driving, DWI, and other offenses. Additionally, a second motorist was allegedly involved in a crash in Secaucus on January 28, per Miller. Therefore, the police charged the second motorist with Reckless Driving and DWI. Read More

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