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

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


What is a Motor Vehicle under New Jersey’s Drunk Driving Law?

In New Jersey, if you aren’t operating a motor vehicle, you aren’t driving drunk!

Motor Vehicle, 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, lawyerHope 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 imposes penalties on a 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 ‘s blood.1 Read more


New Jersey Motor Vehicle Code Definitions, N.J.S.A. 39:1-1

New Jersey Motor Vehicle Code Definitions

New Jersey Motor Vehicle Code Definitions, N.J.S.A. 39:1-1, 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, lawyerAs used in this subtitle, unless other meaning is clearly apparent from the language or context, or unless inconsistent with the manifest intention of the Legislature, these are the New Jersey Motor Vehicle Code Definitions:

A

Alley means a public highway wherein the roadway does not exceed 12 feet in width.

Authorized emergency vehicles means vehicles of the fire department, police vehicles and such ambulances and other vehicles as are approved by the chief administrator when operated in response to an emergency call.

Autocycle means a three-wheeled motorcycle designed to be controlled with a steering wheel and pedals in which Read more


Refusal to Submit to Breath Test, N.J.S.A. 39:4-50.4a

Refusal to Submit to Breath Test, N.J.S.A. 39:4-50.2, driving while intoxicated, driving under the influence, dui, dwi, 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 week Jersey City cops charged a local firefighter with refusal to submit to a breath test, among other offenses. The cops claim he drove a 2005 Cadillac Escalade through an intersection they had closed due to a four-car collision. Additionally, they claim he sped through the area and ignored orders to stop. They also claim he drove around a marked police car with its lights on. Furthermore, he almost clipped two police officers investigating the motor-vehicle accident. The firefighter allegedly had glassy, dilated eyes, could not speak full sentences, and could not complete the field sobriety tests. Read more


Leaving The Scene of an Accident, N.J.S.A. 39:4-129

leaving the scene of an accident, N.J.S.A. 39:4-129Apparently the news about crime comes from police department news releases. To prepare this post about Leaving the Scene of an Accident, I read a news item that began, “Lopatcong Township police responding to a crash scene early Wednesday found a traffic light knocked down, but no vehicle, according to a news release.” http://www.nj.com/warren/index.ssf/2017/01/drunken_driver_leaves_crash_scene_outside_phillips.html (emphasis added) (last visited January 19, 2017). Surprisingly, the reporter did not write about his independent investigation.
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Drug possession by motor vehicle operator, N.J.S.A. 39:4-49.1

drug possession by motor vehicle operator, CDS possession in motor vehicle, operating with drugs in possession or in motor vehicle, N.J.S.A. 39:4-49.1, marijuana, cocaine, handgun, New JerseyCranford cops charged three men with crimes on New Year’s Day, 2017, per the news. During a car stop, the cops allegedly found cocaine, marijuana, and a handgun in the 2007 Toyota. Consequently, the cops charged the men with various CDS and weapons offenses. Additionally, they charged the driver with careless driving, driving with a suspended license, and drug possession by motor vehicle operator.
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Driving While License Suspended, N.J.S.A. 39:3-40

driving while license suspended, N.J.S.A. 39:3-40Allentown cops arrested a man after he sped from a traffic stop, crashed into three cars, and injured a motorist. And he wrecked his sport-utility vehicle, too. Additionally, the cops found alleged marijuana in the S.U.V. during the arrest, per nj dot com. Consequently, they charged him with eluding, driving while license suspended, uninsured motorist, marijuana possession, and other traffic violations. Read more

Driving Under the Influence (DUI), N.J.S.A. 39:4-50

Narrative—Princeton cops charged a man with drunk driving (DWI/DUI) when he crashed with a motorist, per nj dot com. Both drivers sought health care for non life-threatening injuries, as stated in the news. No one else was in either vehicle, per the media. Read more