Walk and Turn Test for Drunk Driving

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

One-Leg Stand Test

This 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

An Elizabeth, NJ, cop recently admitted to causing the death of a motorcyclist while driving drunk last Halloween. The officer admitted in court to 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

Jersey 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

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

Alcotest 7110, Foundational Documents

Police 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

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

Standardized Field Sobriety Tests

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…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

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

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, lawyer

Previously I blogged about motor vehicle operation under the New Jersey drunk driving statute. Understandably, people generally assume drunk driving requires proof that the defendant drove. Despite its title, however, the DWI statute does not prohibit driving. Instead, it prohibits motor vehicle operation, which is significantly broader than driving. Indeed, the broad interpretation and application of operation 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 operation, a person facing charges in New Jersey for DUI will almost certainly need a defense that negates or undercuts other aspects of the State’s case, too. A review of the operation cases illustrates why this is so. Read more

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Category: Driving While Intoxicated