Refusal to Submit to Breath Test Penalties, N.J.S.A. 39:4-50.4a

Cops 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 Testimony in New Jersey

If 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

Careless Driving, N.J.S.A. 39:4-97

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

DWI in a School Zone, N.J.S.A. 39:4-50(g)

If the cops in New Jersey charged you with DWI in a School Zone, then read on. Jersey City cops recently alleged that a man fled an accident and collided with about two dozen other vehicles before they arrested him. In addition, media reports indicate witnesses saw the motorist collide with seven vehicles. Furthermore, a tow truck operator claimed the incident involved 20 vehicles. The tow truck driver, whom the media neither identified nor qualified as a Drug Recognition Expert, claimed the driver was “high off something.” Nevertheless, the media quoted this lay witness as stating, “Like angel dust.” Police arrested the driver about one mile from the accident. Consequently, they charged him with DWI in a school zone. Additionally, they charged him with marijuana possession, DWI, reckless driving, and leaving the scene of an accident. Moreover, they charged him with careless driving and failure to report an accident. Read More

Driving Under the Influence of Marijuana, N.J.S.A. 39:4-50

Police in Middletown, NJ, charged a motorist after he allegedly struck a teenage boy on Halloween night, per the news. The charges against the motorist include assault with a motor vehicle while under the influence, possession of less than 50 grams of marijuana, possession of drug paraphernalia, driving while under the influence of intoxicating liquor/drugs, possession of a controlled dangerous substance in a motor vehicle, reckless driving, careless driving, failure to yield to a pedestrian, and failure to use headlamps. Unsurprisingly, however, the police have not disclosed whether the DUI is for driving under the influence of marijuana, alcohol, or another intoxicating substance. Read More

Walk and Turn Test for Drunk Driving

In 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

This 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

An 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

Jersey 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

Texting While Driving, N.J.S.A. 39:4-97.3

April is Distracted Diving Awareness Month. To be certain, this is no April Fool’s joke. And here is another surprise you might not have known. Beginning on April 1, New Jersey cops in select towns will crack down on texting while driving. Indeed, the New Jersey Division of Highway Traffic Safety awarded $1,401,830 statewide to subsidize the UDrive Utext UPay campaign. This video from nj dot com offers information about this campaign. Additionally, South Jersey counties, accounting for one-third of all the counties, received $315,920.00, about one-fourth of the funding. This grid reflects the distribution of funds throughout South Jersey’s seven counties. Read More

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Category: Motor Vehicle Code