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
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