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

Driving While Intoxicated (DWI), N.J.S.A. 39:4-50

driving while intoxicated, n.j.s.a. 39:4-50Fairfield cops charged a woman after she allegedly hit a patrol car near 3 a.m. over the weekend. Additionally, police claim she pushed the officer’s car “a decent distance,” per the news. Furthermore, they claim her car “had substantial damage to the front of it.” Fortunately, neither the woman nor the cop were hurt. Nevertheless, the woman was allegedly confused, did not know where she had come from, and did not know where she was going, per the news. In addition to Standardized Field Sobriety Tests, the police claim her Blood Alcohol Content (B.A.C.) exceeded the legal limit. Consequently, the cops charged the woman with driving while intoxicated and careless driving. 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