Drunk Driving Testimony in New Jersey

Drunk Driving, 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, lawyerIf you feel you have been unfairly charged with drunk driving, then read on. Police in Bayonne, New Jersey, recently charged a gentleman with drunk driving and other offenses. News reports indicate the cops saw the gentleman running red lights and driving erratically. Moreover, the cops claim they determined during the stop that he had been drinking. But the news did not disclose what the cops observed during the stop to form a belief about his intoxication. This matters! Despite this omission, however, the cops charged him with driving while intoxicated. Read More


Walk and Turn Test for Drunk Driving

Walk and Turn Test, One-Leg Stand Test, Nystagmus Test Procedures, Horizontal Gaze Nystagmus, Vertical Gaze Nystagmus, 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, lawyerIn November 2016, two New Jersey State Troopers found a gentleman asleep in the driver’s seat of a motor vehicle. Indeed, news reports indicate the police found the gentleman slouched over and sleeping. Meanwhile, the hazard lights blinked in the parked car on the shoulder of a highway in Teaneck. The gentleman woke up after about three minutes. And he allegedly activated the brake lights and the rear windshield wipers as the troopers asked him to turn off the car. Police also alleged the presence of a strong odor of alcohol when the gentleman opened the window. After ordering the gentleman to exit the vehicle, the troopers performed standardized field sobriety tests. Read More


One-Leg Stand Test

One-Leg Stand Test, Nystagmus Test Procedures, Horizontal Gaze Nystagmus, Vertical Gaze Nystagmus, 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, lawyerThis narrative is about a cop and a fire chief. Not long ago, an officer in Jackson, New Jersey, charged another town’s fire chief with drunk driving, per the news. But first the officer subjected the chief to a battery of standardized field sobriety tests. Among them is the one-leg stand test. It all began, however, when dispatch received calls claiming the chief almost hit a bus and a wall.Subsequently, the cop saw the fire chief allegedly remain in place after stopping short at a stop sign. After turning on emergency lights and exiting his car, the officer saw the chief allegedly drive away. Thus, the officer activated his sirens, pursued the chief, and stopped him. Read More

Nystagmus Test Procedures

Nystagmus Test Procedures, Horizontal Gaze Nystagmus, Vertical Gaze Nystagmus, 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, lawyerAn Elizabeth, NJ, cop recently admitted to causing the death of a motorcyclist while driving drunk last Halloween. The officer admitted in court to drinking at a bar in Roselle, NJ, before the crash, per the news. While operating his vehicle under the influence of alcohol, he caused a collision with the motorcycle. A police narrative alleges he left the accident scene after giving police his credentials, per nj dot com. Court documents further allege he prevented police from searching his vehicle, per the news.

The officer pleaded guilty to third degree strict liability vehicular homicide, fourth degree tampering with physical evidence, and driving while intoxicated, per the news. Read More


Horizontal Gaze Nystagmus

horizontal gaze nystagmus, 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, lawyerJersey City cops recently responded to the scene of a one-car crash, per the news. The cops claim a 30-year-old motorist drove his car up a sidewalk and into the corner of a building. They observed the motor vehicle on the sidewalk of the intersection, with the front end of the vehicle resting against a building.

But the cops did not witness the accident take place. In addition, there is nothing in the news report to indicate they have surveillance videos. Furthermore, the news does not indicate the extent of the damage either to the vehicle or the building. Indeed, the news indicates the police conducted only a brief investigation. And the news does not indicate whether the police conducted standardized field sobriety tests (SFSTs). 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