Hoboken 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
Cops 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
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
Recently 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
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