Reduction of Points, N.J.S.A. 39:5-30.9

Reduction of Points, N.J.S.A. 39-5-30.9, New Jersey, Alcotest, Walk and Turn Test, One-Leg Stand Test, Nystagmus Test Procedures, Horizontal Gaze Nystagmus, Vertical Gaze Nystagmus, standardized field sobriety tests, Driving While Intoxicated, DWI, Driving Under the Influence, DUI, 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, lawyerA recent automobile collision in Jersey City resulted in an arrest for driving while intoxicated and reckless driving. Indeed, the crash occurred after a woman leapt from her vehicle. To her credit, before her flying leap she had stopped the vehicle. But she jumped from it at a busy intersection without putting it in park, per the news. Consequently, her vehicle crashed into another parked vehicle. Subsequently, police found the woman in the middle of the road. Despite these ostensibly harrowing events, however, news reports indicate she suffered minor injuries. Although her minor injures signify good luck, the New Jersey Motor Vehicle Commission assesses 5 points for any person convicted of reckless driving.1 Additionally, the accumulation of points can lead to surcharges and license suspension.2 Nevertheless, the law requires the reduction of points recorded against a licensee in accordance with N.J.S.A. 39:5-30.9.3 Read more

DWI Sobriety Checkpoint in New Jersey

DWI Sobriety Checkpoint, Search and Seizure, New Jersey, Alcotest, Walk and Turn Test, One-Leg Stand Test, Nystagmus Test Procedures, Horizontal Gaze Nystagmus, Vertical Gaze Nystagmus, standardized field sobriety tests, Driving While Intoxicated, DWI, Driving Under the Influence, DUI, 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, lawyerRecently Cedar Grove cops set up a DWI sobriety checkpoint in Essex County, New Jersey. During a six hour period, 1,450 vehicles passed through the area, per the news. But the cops did not arrest one driver for driving while intoxicated. I have to tell you, this warms the very cockels of my heart. This is especially heartwarming because officers conducted field sobriety tests on seven drivers who “exhibited signs of intoxication.” But they did not arrest anyone for DWI. And it’s as if Police Chief Joseph Cirasa read my mind. He claims this was a resounding success! With no arrests to show, he claims the goal was to deter. Read More


Possession as an Act, N.J.S.A. 2c:2-1(c)

Possession as an Act, N.J.S.A. 2c:2-1(c), 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, traffic ticket, juvenile, attorney, lawyerHoboken cops recently charged five young adults with various drug offenses, per the news. Indeed, the charges include drug possession and drug possession with intent to distribute, per nj dot com. It all began when the cops saw an illegally parked car. Additionally, the cops claim the vehicle was registered to an individual with a suspended license. But the news report does not indicate what made the position of the car illegal. Furthermore, although the vehicle apparently moved, the news omits that detail. Instead, the news indicates the cops stopped the vehicle two blocks from the illegal parking spot. While approaching the vehicle, the cops allegedly saw a cloud of smoke exit from the window. And apparently it was the driver’s window, but the news is ambiguous about that too. Moreover, the cops allegedly detected a strong odor of burnt marijuana inside the vehicle. Read more


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

Refusal to Submit to Breath Test Penalties, N.J.S.A. 39:4-50.4a, New Jersey, Alcotest, Walk and Turn Test, One-Leg Stand Test, Nystagmus Test Procedures, Horizontal Gaze Nystagmus, Vertical Gaze Nystagmus, standardized field sobriety tests, Driving While Intoxicated, DWI, Driving Under the Influence, DUI, 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, lawyerCops charged a Lake Hopatcong woman recently with Drunk Driving, Refusal, and other charges, per the news. Like a scene from a bad movie, the cops claim she allegedly crashed into two patrol vehicles in Jefferson, New Jersey. Indeed, they contend that she drove her SUV the wrong way before crashing head-on with one of the responders. And she kept going. Furthermore, she did not bring her SUV to a stop until after she struck a second patrol vehicle. Nevertheless, no one was injured. Consequently, the cops charged the woman with driving while intoxicated, reckless driving, unsafe lane change, refusal to submit to breath test, driving the wrong way, and other motor vehicle violations. This post will provide a grid with refusal to submit to breath test penalties under New Jersey law. Read More

Drunk Driving Penalties, N.J.S.A. 39:4-50

Drunk Driving Penalties, N.J.S.A. 39:4-50, New Jersey, Alcotest, Walk and Turn Test, One-Leg Stand Test, Nystagmus Test Procedures, Horizontal Gaze Nystagmus, Vertical Gaze Nystagmus, standardized field sobriety tests, Driving While Intoxicated, DWI, Driving Under the Influence, DUI, 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, lawyerPolice in Berlin, New Jersey, recently charged a woman with drunken driving, per the news. Not your run-of-the-mill arrest, however, this incident brought out local police, fire, and EMS. Indeed, the police found the vehicle on a front lawn upside down where it tore into the front of a home. Consequently, the collision caused the removal of siding, and it left a hole around a window, too. Upon arrival, the authorities found the woman standing outside the vehicle and a passenger inside it. The police removed the uninjured passenger. Additionally, authorities reported no one in the residence was injured. Consequently, the cops charged the woman with DWI and other traffic offenses. This post will provide a grid with drunk driving penalties under New Jersey law. Read More

Careless Driving, N.J.S.A. 39:4-97

Careless Driving, N.J.S.A. 39:4-97Cops in Floram Park arrested a New Jersey mother after a car crash, per the news. She had her two children in the car during the afternoon collision on Columbia Turnpike. The children were not injured, per the media. But one of the officers claims he found an empty bottle of wine in the driver’s side door. Additionally, he claims she had trouble staying awake while he spoke with her. Consequently, the cops charged the mother with cruelty and neglect of children, drunk driving, and DWI with a minor passenger. Furthermore, the cops charged her with failure to maintain motor vehicle liability insurance. Moreover, they charged her with reckless driving and careless driving. Read More


IDRC: Intoxicated Driver Resource Center

IDRC, Intoxicated Driver Resource Center, State v. Chun, N.J.S.A. 39:4-50, New Jersey, Driving While Intoxicated, DWI, Driving Under the Influence, DUI, drunk driving, Refusal to Submit to Breath Test, Alcotest, Alcotest 7110, 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, lawyerIn 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


Throwing Bodily Fluid at Certain Law Enforcement Officers, N.J.S.A. 2c:12-13

Throwing Bodily Fluid at Certain Law Enforcement Officers, N.J.S.A. 2c:12-13, 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, lawyerRecently a man was sentenced for kicking a window and damaging the door frame in a New Jersey State Police cruiser, per nj dot com. Additionally, during the same incident which involved a DWI investigation, he tried to escape from the police. Furthermore, he tried to spit on the troopers at the hospital, according to a new release from the Hunterdon County Prosecutor’s Office. Subsequently, a grand jury indicted the man on six charges, including Throwing Bodily Fluid at Law Enforcement Officers. Last November he plead guilty to all six counts. Consequently, on February 9, 2018, a judge sentenced him to five years New Jersey State Prison. Read More


Alcotest 7110, Foundational Documents

State v. Chun, 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, Alcotest, Alcotest 7110, 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, lawyerPolice 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

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