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


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

Under The Influence and New Jersey’s DWI Statute

under the influence, New Jersey Motor Vehicle Code, 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 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