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.
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
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
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