New Jersey Attorney General Last Drink DWI Directive 2007-2

Last Drink DWI Directive 2007-2, New Jersey Attorney General, N.J.S.A. 39:4-50, 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, drunk driving, traffic ticket, juvenile, attorney, lawyer

What do you get when cops investigate and arrest other cops? If it involves a DWI arrest, the New Jersey Attorney General Last Drink DWI Directive 2007-2 will come into play, as with any other DWI arrest. Last weekend, Ventnor City cops arrested a veteran Atlantic City cop for alleged driving under the influence and reckless driving. The A.C. cop was allegedly driving a gold 2004 Hyundai when he allegedly rear-ended another vehicle. The alleged collision occurred at a stop light near the Ventnor City-Atlantic City border. News reports claim the A.C. cop smelled of alcohol, had bloodshot eyes, and exhibited difficulty walking and standing. Additionally, news reports indicate the A.C. cop failed all his standardized field sobriety tests. But the NJ dot com report did not reveal how the Ventnor cop instructed and demonstrated how to perform the tests. Likewise, the report did not reveal how the A.C. cop allegedly performed on the tests. 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

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

Standardized Field Sobriety Tests

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…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

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Tag: Standardized Field Sobriety Tests