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