DWI in a School Zone, N.J.S.A. 39:4-50(g)

DWI in a School Zone, Filomena's Law, N.J.S.A. 39:4-50g, Alcotest, Walk and Turn Test, One-Leg Stand Test, Nystagmus Test Procedures, Horizontal Gaze Nystagmus, Vertical Gaze Nystagmus, 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, lawyerIf you like to read about high speed car chases, then read on. Jersey City cops recently alleged that a man fled an accident and collided with about two dozen other vehicles before they arrested him. In addition, media reports indicate witnesses saw the motorist collide with seven vehicles. Furthermore, a tow truck operator claimed the incident involved 20 vehicles. The tow truck driver, whom the media neither identified nor qualified as a Drug Recognition Expert, claimed the driver was “high off something.” Nevertheless, the media quoted this lay witness as stating, “Like angel dust.” Police arrested the driver about one mile from the accident. Consequently, they charged him with DWI in a school zone. Additionally, they charged him with marijuana possession, DWI, reckless driving, and leaving the scene of an accident. Moreover, they charged him with careless driving and failure to report an accident. Read More


Driving Under the Influence of Marijuana, N.J.S.A. 39:4-50

Driving Under The Influence of Marijuana, N.J.S.A. 39:4-50, 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, lawyerPolice in Middletown, NJ, charged a motorist after he allegedly struck a teenage boy on Halloween night, per the news. The charges against the motorist include assault with a motor vehicle while under the influence, possession of less than 50 grams of marijuana, possession of drug paraphernalia, driving while under the influence of intoxicating liquor/drugs, possession of a controlled dangerous substance in a motor vehicle, reckless driving, careless driving, failure to yield to a pedestrian, and failure to use headlamps. Unsurprisingly, however, the police have not disclosed whether the DUI is for driving under the influence of marijuana, alcohol, or another intoxicating substance. Read More


Walk and Turn Test for Drunk Driving

Walk and Turn Test, One-Leg Stand Test, Nystagmus Test Procedures, Horizontal Gaze Nystagmus, Vertical Gaze Nystagmus, 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, lawyerIn 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


One-Leg Stand Test

One-Leg Stand Test, Nystagmus Test Procedures, Horizontal Gaze Nystagmus, Vertical Gaze Nystagmus, 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, lawyerThis narrative is about a cop and a fire chief. Not long ago, an officer in Jackson, New Jersey, charged another town’s fire chief with drunk driving, per the news. But first the officer subjected the chief to a battery of standardized field sobriety tests. Among them is the one-leg stand test. It all began, however, when dispatch received calls claiming the chief almost hit a bus and a wall.

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


Nystagmus Test Procedures

Nystagmus Test Procedures, Horizontal Gaze Nystagmus, Vertical Gaze Nystagmus, 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, lawyerAn Elizabeth, NJ, cop recently admitted to causing the death of a motorcyclist while driving drunk last Halloween. The officer admitted in court that he was drinking at a bar in Roselle, NJ, before the crash, per the news.While operating his vehicle under the influence of alcohol, he caused a collision with the motorcycle. A police narrative alleges he left the accident scene after giving police his credentials, per nj dot com. Court documents further allege he prevented police from searching his vehicle, per the news.

The officer pleaded guilty to third degree strict liability vehicular homicide, fourth degree tampering with physical evidence, and driving while intoxicated, per the news. Read More


Horizontal Gaze Nystagmus

horizontal gaze nystagmus, 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, lawyerJersey City cops recently responded to the scene of a one-car crash, per the news. The cops claim a 30-year-old motorist drove his car up a sidewalk and into the corner of a building. They observed the motor vehicle on the sidewalk of the intersection, with the front end of the vehicle resting against a building.

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


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


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