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
This post will refer to New Jersey’s drunk driving law as driving under the influence (DUI), driving while intoxicated (DWI), and—without intending to be redundant—drunk driving. But forget the word “driving” because the statute defining the offense does not use that word. And forget about placing the motor vehicle in “drive” as a prerequisite for this offense. Instead, the statute sets forth penalties for a person 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 (BAC) of 0.08% or more by weight of alcohol in the defendant’s blood. Read more
In New Jersey, if you aren’t operating a motor vehicle, you aren’t driving drunk!
Hope 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 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, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the the person‘s blood.1 Read more
This 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
New Jersey State Police Sergeant who allegedly lied about the calibration of alcohol breath-testing (Alcotest) devices remained silent during his arraignment this week, per the news. Otherwise, Sergeant Marc Dennis entered a not guilty plea to official misconduct, tampering with public records, and falsifying records.