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Yesterday, in State v. Marquez, a New Jersey appeals court ruled that English is the only language applicable to a drunk driving refusal charge.

A NJ DWI suspect who claimed that he spoke only Spanish contested his NJ DWI refusal case in court claiming that he did not understand the police officer reading the “refusal warnings” in English.

New Jersey like Pennsylvania is an “informed consent” law state. This means that when you drive on a road, you consent to having your Blood Alcohol Content (B.A.C.) tested.

When a NJ police officer suspects and arrests someone for Driving While Intoxicated (DWI) the officer must read specific warning language to the DWI suspect. If the NJ DWI suspect does not respond with an “unequivocal, affirmative consent” the police officer can deem the NJ DWI suspect’s actions or inaction a refusal to take B.A.C. test which will result in a separate DWI Refusal charge.

The NJ Appellate Division ruled that understanding the “refusal warnings” was not part of the statute and that it would place too much of a burden on local police officers.

The court ruled against the Defendant reasoning that because a DWI investigation is a very time sensitive it would be impossible to have a local police officer understand and translate a multitude of foreign languages.

Do you think this is fair to the DWI suspect? Should the English language rule like at Geno’s Steaks in South Philly?

Many of you have heard about the recent death of TV pitchman Billy Mays. The Hillsborough County, Florida Medical Examiner has preliminarily stated that May’s death was caused by a heart attack and not a result of a strike to his head.

Last Saturday, June 27, 2009, Mays was a passenger on a US Airways flight from Philadelphia to Tampa Florida which had a rough landing, including a collapse of the front landing gear. After the flight, Mays reported on a TV interview that he was struck in the head by falling luggage from the overhead compartment. Sometime over night, May’s wife found him dead.

Initially, it was thought that Mays died from complications of the blow to the head. If it is found that May was killed by the head injury, May’s family may have a wrongful death case against US Airways. In order to sustain a wrongful death case against US Airways, May’s family would have to prove that US Airways was negligent in the flying and landing of the jet. If negligence is proven and the cause of death was the strike to May’s head, May’s family could have a substantial wrongful death case. Because Mays so successful, he probably earned a high income. This loss of income to the May’s family could be recovered in a wrongful death case.

When a person received a strike or blow to the head, he or she could have received a traumatic brain injury. The CDC reports that 1.4 million United States citizens sustain traumatic brain injuries each year and about 50,000 people die from their injuries. The symptoms of traumatic brain injury are not easily recognizable. Traumatic brain injury symptoms include loss of concentration, memory, and thinking problems, loss of sensations, language problem, and emotional problems.

Another devastating effect of a head injury including a traumatic brain injury is a subdural hematoma. This is when blood gathers around the brain after a strike to the head. The pressure from this gathering of blood can cause sudden death. Therefore, it is extremely important that a person who has been struck in the head receive medical monitoring and attention in the emergency room of a hospital.

Our law firm represents Pennsylvania and New Jersey individuals who have been struck in the head and have suffered brain damage and other brain injuries. Many times these brain injuries are sustained during a car accident when the head strikes the windshield.

A motorcycle accident in Upper Salford, Montgomery County, Pennsylvania took the life of Brandon Gilbert on Monday, June 22, 2009. Brandon was two days shy of turning 22 years old.

While riding westbound on Route 63 (Sumneytown Pike) in Montgomery County, Pennsylvania, investigators believe that Mr. Gilbert fell off of his motorcycle into the eastbound lanes of the roadway and was struck by a motorist driving a pickup truck coming in the opposite direction.

Mr. Gilbert was pronounced dead at the scene. The unidentified driver of the pickup truck, a man from the Doylestown, PA area, was not injured.

Pennsylvania State Police are uncertain as to what caused Mr. Gilbert to lose control and fall from his motorcycle. No charges have been filed and the investigation into the motorcycle accident is ongoing.

The New Jersey DWI (driving while intoxicated) Ignition Interlock Bill that we wrote about in January of this year seems to have evolved. “Ricci’s Law” is still a Bill in the New Jersey Senate Judiciary Committee which is being recommended for passage to the legislature.

Under this law, all persons convicted of an NJ DWI (driving while intoxicated) offense would be required to install an ignition interlock system in their vehicles. Under the current law, only repeat NJ DWI offenders are required to install the ignition interlock system.

Ricci’s Law would require ignition interlock systems to prevent a vehicle’s ignition from starting if the driver’s blood alcohol content is .04 percent or higher. The driver must actually breathe into the device once entering the vehicle and if the driver’s blood alcohol content (B.A.C.) is below the preset limit, the car will start. If the driver’s blood alcohol content (B.A.C.) exceeds the present limit, the vehicle will not start.

Ricci’s Law would make use of the interlock installation system mandatory during the drivers’ license suspension period. Additionally, the law would require the device to be in place and operational for a span of six months to one year for a first New Jersey DWI offense, two years for a second DWI offense and ten years for a third and all subsequent NJ DWI offenses.

Ricci’s Law is named in honor of 17-year old Ricci Branca from Egg Harbor Township, NJ, who was struck and killed by an NJ drunk driver while riding his bicycle. The driver who hit Ricci fled the scene of the fatal NJ car accident and was found by police to have a blood alcohol content (B.A.C.) four times higher than that of the legal limit.

Now both the New Jersey and Pennsylvania legislatures are pushing for a mandatory ignition interlock on all NJ DWI offenses and all PA DUI offenses. I predict that someday all registered vehicles will be required to have an ignition interlock.    

Jennifer Harley of Bristol Township was the victim of a fatal hit and run accident in Bucks County, PA in the early hours of Saturday, May 23, 2009.

The incident occurred in Croydon, PA just after 3:00 a.m. when Ms. Harley was hit by a red Dodge Durango as she and a friend were attempting to cross the road at the 2500 block of Route 13. She was pronounced dead at the scene of the pedestrian-car accident.

Police did locate the SUV by evening time on Saturday, May 23, 2009, but the driver’s name has not yet been released.

If it can be proven that the Defendant driver was negligent, Ms. Harley’ family could bring a wrongful death case in the Bucks County Court of Common Pleas against the Defendant driver.

This week, the New Jersey Supreme Court ruled that an individual’s right against self-incrimination cannot be asserted by a third party.

The incident in question involved a traffic stop in Bernards Township, NJ. The police officer observed a vehicle with tinted windows and no inspection sticker. The police officer then pulled the vehicle over and began to question the two occupants. The driver of the vehicle could not produce a driver’s license or an insurance card. The vehicle registration was also not in her name.

The police officer then separated the driver and passenger and questioned them about where they had been and where they were going. The driver and passenger gave conflicting answers. The police further questioned the driver and passenger. The driver finally admitted that they had been previously smoking marijuana.

The police officer then told the driver that he could bring a drug sniffing dog to search the car. The driver then admitted that there was marijuana and cocaine in the car. The driver’s, driver’s license then came up as suspended and the police officer then read the driver the Miranda rights and the driver waived her right to remain silent.

The passenger was also advised of his Miranda Rights and he also waived them. The driver and passenger were both charged with various NJ drug offenses.

The NJ Supreme Court was then asked to rule upon whether the passenger’s right of self-incrimination was violated, if the driver of the vehicle was not properly warned of her Miranda Rights before she made the incriminating statements.

The Court ruled that the right of self-incrimination under the United States and New Jersey Constitutions is a personal right that cannot be asserted by a third person such as the passenger. The Court was not willing to expand the protections of the Fifth Amendment.

Do you think this is good and fair law?

Route 13, also known as Bristol Pike, is a local Bucks County road that runs from Morrisville, PA through Bristol, PA and Bensalem, PA to Philadelphia. The stretch of Bristol Pike (Route 13) that runs through Bensalem, PA has proven to be an extremely dangerous road for motorists and pedestrians due to many Bucks County car accidents and pedestrian accidents.

On Saturday, June 6, 2009, Calius Sykes of Willingboro, NJ was struck by a motorist as he stood at the rear of his truck, which he stopped on the side of the road on the 2800 block of Bristol Pike, very close to Street Road in Bensalem, Bucks County, Pennsylvania.

At approximately 1:15 p.m. a car skidded into the rear of his truck, striking Sykes. The car was driven by Christine Dow of Trenton, NJ, who sustained minor injuries. An ambulance rushed Mr. Sykes to Aria Health’s Torresdale campus in Philadelphia. Sykes suffered serious personal injuries.

Reports show that just a few weeks prior to this Bucks County auto accident, on Route 13 in Bensalem, a man and woman from Philadelphia were killed in a car accident near the same stretch of Bristol Pike. It has been reported that fifteen pedestrians have been fatally injured by pedestrian-car accidents on Route 13 in Bucks County, PA in the past ten years.

Perhaps local authorities or PennDot should do a traffic study on this section of Route 13 to determine the reason why there are so many serious car accidents?

E.N.R.A.D.D. stands for Electronic Non-radar Device. This speed timing device has been approved for use by PennDot and is currently being used by many local Bucks County police departments to curb speeders.

Near our law office in Newtown/Langhorne, PA, we know of Middletown Township, Langhorne Borough, Newtown, Southampton police departments using the Enradd device to catch speeders.

You can read more about E.N.R.A.D.D. and how it is being used in lower Bucks County, Pennsylvania at our new Bucks County speeding ticket webpage by clicking here.

Michael L. Saile, Jr., Esq., of Saile & Saile LLP represents individuals charged with speeding tickets throughout Bucks County, PA and Mercer County, NJ. Many times, Michael L. Saile, Jr., Esq. can reduce or eliminate NJ DMV or PennDot points and preserve your driving record.

On Sunday, May 24, 2009 Jorge Morocho-Lojano was driving West on Street Road in Bensalem, Bucks County, PA. when he was involved in a car accident at the intersection of Knights Road. Morocho-Lojano turned in front of another vehicle, causing the initial car accident, but then his car also collided with another vehicle which was turning onto Knights Road from Street Road resulting in two separate Bucks County car accidents.

The driver of the car Morocho-Lojano turned in front of sustained minor injuries. Witnesses stated that after the car accidents, Morocho-Lojano fled into a nearby neighborhood off of Street Road in Bensalem, PA.

Daniel Herminio was Morocho-Lojano’s passenger. Herminio was hurt in the Bensalem car accident and taken to Aria Health, Torresdale Campus Hospital.

Police report having found Morocho-Lojano hiding in the backyard of a home situated on the 2900 block of Garden Lane. Morocho-Lojano later admitted that he was in the United States illegally and had been for about four years.

Morocho-Lojano was arraigned in District Judge Leonard Brown’s court in Bensalem, PA on numerous charges, including leaving the scene of an accident involving damage or injuries. He remains in Bucks County prison on $150,000 bail.

On Wednesday, May 27, 2009 Philadelphia resident Donald Willis pleaded guilty to homicide by vehicle (and other related Bucks County DUI charges) and was sentenced to 6 ½ to 13 years in a Pennsylvania state prison by Bucks County Judge Jeffrey Finley.

Mr. Willis has a substantial record of criminal convictions but his most recent charge, the one to which he pleaded guilty on May 27, stems from a fatal Bristol, Bucks County car accident which occurred on November 17, 2008. Mr. Willis and his friend Seamus McNichol, also of Philadelphia, were out drinking at a club in Levittown, lower Bucks County.

Mr. Willis was intoxicated when he left the club and got behind the wheel of his vehicle, with Mr. McNichol as his passenger. Mr. Willis swerved across the road and struck a guardrail, causing his pickup truck to flip over. Mr. McNichol was pinned inside the car and pronounced dead at the scene. At the time of this fatal Bucks County car accident, Mr. Willis was driving with a suspended license due to a prior DUI conviction.

At the scene of the Bristol PA car accident witnesses reported that Mr. Willis escaped from the wreckage and then fled the scene of the DUI related car accident. Mr. Willis was apprehended a short time later at a local drug store. Once apprehended by police, Mr. Willis was given several sobriety tests, which he failed. He refused to give a blood sample.

Bucks County Common Pleas Court Judge Jeffrey Finley imposed a sentence on Mr. Willis which exceeds the state mandatory minimum and placed other restrictive provisions on Mr. Willis’ criminal sentence.

The McNichol family may have a Pennsylvania wrongful death case against Mr. Willis, and a possible Dram Shop case against the club that may have served Mr. Willis too much alcohol.

Bucks County DUI lawyer, Michael L. Saile, Jr., Esq., recently posted a page full of information regarding the charge of refusal to take chemical testing in Pennsylvania after being stopped for DUI (Driving under the Influence).

If you are legally stopped by a PA police officer and he or she believes that there is probable cause that have been driving under in the influence of an intoxicating substance, under Pennsylvania’s implied consent law, you must submit to a DUI chemical test.

If you refuse the test, you will be subject to an additional mandatory license suspension from PennDot.

For more information on the Bucks County DUI refusal charge, follow the following link at http://www.buckscountyduilawyers.com/sub/refusal.jsp.

In this case, the New Jersey Supreme Court was asked to rule under the NJ Licensed Alcoholic Beverage Server Fair Liability Act, also known as the NJ Dram Shop Law, as to whether a bar who served alcohol to one patron can be held liable for a fatal car accident, caused by another patron who was at the bar, but not drinking.

The case involved two men who arrived at the C View Inn in Cape May, New Jersey. One man was a minor and was not served any alcohol, but appeared to the witnesses as very intoxicated. The other man who was over 21 years old was served alcohol on the premises. After the two men left the bar, the man who was a minor drove home. On their ride home the driver hit a guardrail and killed his passenger.

The mother of the passenger brought a wrongful death case against the driver and other unknown defendants. The trial court dismissed the case. The NJ Appellate Division reversed and held that the bar had a duty to monitor the patron who was not drinking (the driver) and also the other man since they were both visibly intoxicated.

The NJ Supreme Court reversed and stated that given the facts of the case permitting a negligent supervision claim would thwart the intention of the NJ Dram Shop Act.

The Court did say that it is not ruling on whether a licensed alcoholic beverage server who does not serve a patron would or would not have a duty to act under the law.

Governor Edward G. Rendell has proclaimed May as Motorcycle Safety Awareness Month. Free motorcycle safety courses are being offered by the Pennsylvania Department of Transportation to help motorcyclists build and fine-tune their skills.

PennDOT has operated the Motorcycle Safety Program since 1984 through a contract with the Motorcycle Safety Foundation, and Pennsylvania riders who hold a Class M (motorcycle) permit or license can take either the Basic Rider Course or Experienced Rider Course. Motorcycle permit holders who successfully complete the course will be issued a motorcycle license.

The Basic Rider Course is a 15-hour course which consists of five hours of in-class instruction and 10 hours of practical riding experience on a range monitored by certified rider coaches. This comprehensive overview of safety and skills provides valuable training for new riders as well as giving experienced riders who have not ridden for some time the opportunity to polish their skills. Motorcycles and helmets are provided for students taking the basic course.

The 6-hour Experienced Rider Course offers the experienced rider the opportunity to refresh their knowledge of safety and sharpen their riding skills on a range under the guidance of certified rider coaches. Students taking the experienced course will need to provide their own motorcycle and helmet.

The lawyers at Saile & Saile LLP represent motorcycle riders who are issued New Jersey or Bucks County PA traffic tickets. We also represent motorcycle riders who are involved in motorcycle accidents throughout the States of NJ and PA.

Please telephone us to set up a free consultation for a motorcycle traffic violation or a motorcycle accident.

A Bristol Township resident is facing serious Pennsylvania criminal charges including four felonies after fleeing the scene of a fatal pedestrian car accident on Tuesday, May 5, 2009 in Philadelphia.

A Philadelphia resident was crossing West Erie Avenue at North 19^th Street at 8:21 p.m. when he was struck by a car driven by Luciano Rios, 30, of Croydon, Bucks County, Pennsylvania.

Rios drove away from the scene of the Philadelphia hit and run car accident and struck another car in the 4300 block of Clarissa Street. A passenger in that car suffered minor personal injuries. Rios’ car then hit a median and then was disabled. He then tried to flee on foot before being apprehended.

Rios is now facing involuntary manslaughter charges, as well as homicide by vehicle, homicide by vehicle while DUI and fleeing the scene of a fatal car accident.

On October 23, 2008, a three-car fatal Bucks County car accident occurred in Middletown Township, PA which killed one woman, Mary E. McHugh of Fairless Hills, Pennsylvania and seriously injured her husband, Joseph McHugh. Now, six months later, Bucks County police have charged the driver with DUI (driving under the influence) relating to the Bucks County car accident.

DUI suspect, Daniel Smith of Bristol Township, PA was arrested and taken to the Bucks County prison on May 3, 2009. He has been charged with homicide by vehicle while driving under the influence (DUI), a second degree felony. In addition, Smith was charged with two counts of second degree felony aggravated assault by vehicle while driving under the influence (DUI), involuntary manslaughter, a misdemeanor, and other related Bucks County, Pennsylvania criminal offenses.

Smith was traveling northbound on Oxford Valley Road in his Toyota 4-Runner when he made a left turn onto Frosty Hollow Road. It was on Frosty Hollow Road that he collided with the McHugh’s car. The impact of hitting Mr. Smith’s 4-Runner caused the McHugh’s vehicle to collide with another car, veer off the road, and then crash into a fence.

Ms. McHugh was administered CPR by paramedics at the Bucks County car accident scene and taken to St. Mary Medical Center in Middletown Township, PA for her serious personal injuries. Ms. McHugh died four days later at the hospital. Mr. McHugh also sustained several personal injuries in this Bucks County PA car accident.

Mr. Smith was taken by police to St. Mary Medical Center for blood alcohol testing after police reportedly found Mr. Smith smelling of alcohol. Hospital tests revealed that Mr. Smith has a blood alcohol level of .082, according to police.

A DUI Preliminary Hearing for Mr. Smith’s case in this case is scheduled for Thursday, May 7, 2009 before District Judge John Kelly, District Court 07-1-08 in Levittown, PA.

The legal limit for blood alcohol while driving in Pennsylvania is 0.080. According to the Bucks County police and the blood alcohol test results, Smith’s blood alcohol was only slightly over that level. This may be a case that Mr. Smith would want to fight due to the serious criminal and DUI penalties that he may face if convicted of Bucks County DUI and the other aggravated Bucks County criminal charges.

In our personal injury law practice at Saile & Saile LLP, we have patients who have fractured their feet due to trips, slips, and/or fall-downs. A common broken bone or fracture involving the foot is called a Lisfranc fracture. The name “Lisfranc” comes from the name of a French field surgeon who amputated soldiers’ feet after a debilitating foot injury.

The Lisfranc joint is comprised of a section of bones in the mid-foot. Lisfranc injuries are usually caused from falls, twists of the foot, sports related injuries, and car accidents.

A Lisfranc fracture is a broken bone or separation of the bones in the mid-foot. Lisfranc fractures are often times hard to initially diagnose due to the many bones in the foot. X-rays may have to be taken multiple times to find the broken bone. Other times, CT scans (computer tomography) or MRI scans (magnetic resonance image) are needed to locate the bone fracture.

Lisfranc fractures are painful and begin with swelling of the mid-foot. For the less severe Lisfranc injuries, some orthopedic doctors will immobilize the foot by casting and recommend no weight bearing for about six weeks.

For severe Lisfranc fracture injuries, surgery is necessary to stabilize the foot’s bone structure. Pins, screws, and wires are often used by orthopedic surgeons. After a Lisfranc surgery a patient will have to wear some sort of cast and keep off his or her feet for a substantial period of time. Rehabilitation will then be necessary to get the patient back on his or her feet.

There are serious complications and risks involved with Lisfranc fracture injuries and surgery such as: arthritis, risk of infection, risk of the foot nerves being severed, ligament and tendon injuries, arthosis, and complications with the hardware that was inserted during the Liscfranc foot surgery.

Many times patients must undergo a second foot surgery to remove the pins, screws and/or wires (hardware) that were inserted during the initial surgery by the orthopedic surgeon.

Due to the long-term nature of arthritis of the foot, many patients suffer from the complications of a Lisfranc injury for the rest of their lives.

New Jersey Governor, Jon Corzine, signed into law a series of amendments on April 15, 2009, which will collectively be known as “Kyleigh’s Law”.

These amendments, made to laws governing NJ driver licenses and driver permits, require that the holder of a special NJ learner’s permit display a decal issued by the New Jersey Department of Motor Vehicle.

The intent of the revisions to the existing law is to make young drivers, specifically those driving with a restricted license, more identifiable to law enforcement officers.

New Jersey is the first state to institute a special permit decal law. Beginner drivers in New Jersey holding a learner’s permit are not to operate a vehicle without the decal being clearly displayed. Those violating this new decal display statute can face a fine up to $106, with court fees of $33 in addition to the fine. This New Jersey statute goes into effect in thirteen (13) months.

Certainly the New Jersey Department of Transportation has the power to make this law, but there have been arguments made against this law. Many people think that this law will benefit child predators. It will easily identify young NJ drivers.

What do you think?

Route 1 in Middletown Township was the scene of another deadly Bucks County car accident on Friday, April 17, 2009. At 2:37 a.m., a man’s legs were severed and the woman he was helping change a flat tire for was killed when a car slammed into her disabled vehicle.

The fatal Bucks County car accident occurred just a few miles from the scene of another similar tragedy. It was January 29, 2009 when Middletown Police Officer Chris Jones was killed as he walked back to his patrol car parked on the narrow shoulder and was hit from behind by another vehicle.

The woman killed in Friday’s crash was 27-year-old Reyna Castro of Trenton. She was driving southbound on Route 1 when a front tire of her 1997 Nissan Altima went flat. Unfortunately, Ms. Castro had nowhere to pull over because there is no shoulder in that area of the highway.

Michael Kogan, 27, and his passenger, Aleksei Brodsky, 51, both of Bensalem, were also traveling southbound on Route 1. Kogan pulled his car in front of Castro’s car and got out to help her after seeing her standing behind her vehicle.

It was then that Denis M. Hostler slammed into Castro with his 2006 Hyundai Sonata. The investigating Middletown Township, PA police officer estimates Hostler was traveling at least 70 mph in the 55 mph zone. Kogan’s lower body was pinned between his and Castro’s car. There were no skid marks were found prior to the impact revealing that Hostler never hit his brakes.

Autopsy results show Castro died instantly of massive personal injuries. Kogan lost both legs after being rushed to St. Mary Medical Center by the Bensalem Rescue Squad in very critical condition. Brodsky was injured after also being struck by Castro’s car, but his injuries were not as serious as Kogan’s injuries.

The fatal Bucks County car accident remains under investigation. Hostler was taken to St. Mary Medical Center and was treated and released. Hostler had both blood and urine samples taken to determine whether he was driving under the influence.

If Hostler is found to be driving carelessly, and/or not in control of his vehicle, there will most likely by a Bucks County wrongful death case brought by Castro’s family and a Bucks County personal injury case brought by Kogan and his passenger, Brosky.

The damages in a resulting Bucks County lawsuit will most like be in the multimillions. Hopefully, Hostler has adequate Pennsylvania car insurance or other assets to compensate the victims of this serious Bucks County car accident.

In April 2009, Pennsylvania State Police announced that in 2008 PA state troopers carried out more than 16,000 arrests for driving under the influence (DUI). This is a new record for the Commonwealth of Pennsylvania and marks a 3% increase in the number of PA DUI arrests made in 2007.

State police officials cite education, training, and the practicing of targeted enforcement as reasons for this unprecedented success in taking those driving under the influence off of Pennsylvania’s roadways.

In addition to identifying those who are driving drunk, the PA State Police are also administering more evaluations in order to single out drivers may be driving under the influence of illegal or prescription drugs.

More good news is that the number of alcohol-related car accidents in Pennsylvania fell by 3% in 2008, and of those PA car accidents, fatal car accident were down 9%.

Did the PA State Police do a better job at identifying and arresting PA DUI suspects or are there more people driving under the influence (DUI) on Pennsylvania roads in 2008?

What do you think?

There is a Bill pending in the New Jersey Legislature, which, if it were to become law, would require all drivers involved in an NJ car accident resulting in death or serious bodily injury of another person to undergo mandatory sobriety testing. If a person should refuse to take the mandated sobriety test, his or her license would be revoked.

Currently under New Jersey DWI law, police officers are authorized to administer a DWI testing only when there is evidence or strong suspicion that a driver is under the influence of drugs or alcohol.

This proposed Bill requiring mandatory DWI testing of those involved in NJ auto accidents was brought forth on March 9, 2009 in response to a fatal car accident in Southampton, NJ, which took the life of 17-year-old Anthony Farrace. The driver of the car that struck Mr. Farrace was not tested for drug or alcohol use.

This Bill doesn’t make much sense to me. When someone is pulled over by a police officer or is speaking with a police officer after an NJ car accident, the police officer is constantly observing the person. Part of this DWI observation includes: (i) watching the person, (ii) listening to the person, and (iii) smelling the person.

During this period, police officers routinely evaluate (whether consciously or not) the driver for DWI. I am not sure whether NJ police officers will appreciate this new Bill (if made law) because it will force them to conduct breath testing on every NJ car accident involving injury, even if there are no outward signs of DWI.

An argument could be made for this Bill, when a driver is under the influence of narcotics or other chemicals. Sometimes it is difficult for a police officer to determine whether someone is under the influence of substances other than alcohol.

NJ DWI law requires a Drug Recognition Expert in these situations. Drug Recognition Experts are specially trained and certified to evaluate the effects of drugs and other chemicals on drivers.