2006 NJ Drunk Driving Deaths increase while Pennsylvania’s Drunk Driving Deaths have significantly decreased.
Aug 30th, 2007 | By Michael L. Saile, Jr., Esq. | Category: Blogs, DUI-DWI-DAI (Drunk Driving), New Jersey Injury Information, Pennsylvania Injury InformationThis month, the National Highway Traffic Safety Administration (NHTSA) released its 2006 Traffic Safety Annual Assessment of Alcohol-Related Fatalities. In the United States 17,590 people were killed due to alcohol-related traffic accidents in 2006. This number was only 12 less than 2005’s drunk driving death count.
It is very interesting to note that PA and NJ’s drunk driving deaths from accidents for the year 2006 were completely opposite. NJ recorded 57 more drunk driving deaths in 2006 representing a 20.1% increase from 2005. PA recorded 39 less drunk driving deaths in 2006 representing a 6.1% decrease from 2005.
Why are these changes so drastically different? Both PA and NJ recently changed their DUI-DWI-DAI laws. Both PA and NJ made their drunk driving laws stricter. Perhaps the new increased drunk driving penalties in NJ are not having the effect that the NJ legislature wanted?
I believe you have to change that way people think in order for them act consistently in a certain way. This also applies to drunk driving. Most people who go to a bar and have a few drinks are not aware of the penalties involved for each additional drink they have.
Both PA and NJ now have graduated drunk driving laws. Depending on what your blood alcohol level is at the time you are tested determines your penalty. I believe the legislature has to change the way people think about drunk driving and not just make the penalties worse. If people are educated on the horrific effects of drunk driving accidents, then they may realize and make their own decision not to drink and drive before their first drink.
See the 2006 Traffic Safety Annual Assessment of Alcohol-Related Fatalities report here: NHSTA 2006 Drunk Driving Crash Report.pdf
The author of this Blog, Philadelphia car accident lawyer, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law focuses his practice on fighting for plaintiffs’ personal injury and car accident victim’s rights in both Pennsylvania and New Jersey. We handle all serious injury cases including, car accidents (both limited and full tort), wrongful death, slip & fall downs, construction accidents, Septa, NJ Transit, and other cases other cases. We are located just outside of Philadelphia in lower Bucks County. We also handle Philadelphia plaintiffs’ personal injury and car accident cases. Please visit our personal injury only website at www.pa-nj-injurylawyer.com for more injury information.
Maybe New Jersey has had an increase in DUI related deaths because of the State’s failure to prosecute DUI offenses.
I know in my case will be 789 days old from arrest on my next court appearance in November, without even as much as a hearing , let alone a trial.
It is a good thing I am not a drunk, and I was not under the influence at the time of my arrest, or maybe I would of been in a worse situation.
There are probably alcoholics in NJ who are not being prosecuted, who feel they can continue to drive drunk, thus the increase in accidents and deaths!
It is not the Statute that is faulty, it is the State’s, and to a lesser extent, the Court’s, inexcusable failure to prosecute DUI.
And when DUI does get prosecuted, the drunks are acquitted. I mean , come on, the 0.19 BAC the Wall Township Police Captain blew after he was arrested should have been a slam dunk Per Se conviction. The defense did not even attack the instrument. Trial verdict – not guilty!
Next time this officer goes to the Osprey in Manasquan and get drunk and drives home, and if he kills someone, it will be on the Judges head in my opinion.
New Jersey has serious issues that has caused the increase in DUI deaths!
Jim
The 0.19 reading is suppose to be Per Se evidence. That means it is an automatic violation and conviction unless you can prove the number is wrong. It doesn’t matter about video tape , field sobriety , or anything else.
From what I understand the defense did not even attack the breath testing device.
This should have been a slam dunk conviction.
We all know the officer was driving drunk I believe. You do not blow a 0.19 without consuming alcohol. Furthurmore, it is a Per Se violation, regardless of how he appeared.
I was arrested for DUI in September of 2005,first offense, I blew a 0.09. I have made 10 appearances in Court with an attorney to date. No hearing, no trial, no completed discovery.
The prosecutor now says we will not get the discovery on the Alcotest and he will trial the case on observation evidence alone. Over 2 year old observation evidence.
My situation is beyond belief!
If a police captain got away with DUI after blowing a 0.19, a regualar person should get away with blowing a 0.09, NO?
Not to mention the constitutional violation to Due Process and Spedey Trial that have already been violated in my case.
Jim,
That is not completely correct. The prosecution would still have to provethat the police had reasonable suspicion of a traffic violation (to stop the vehicle) and also prove that the police were authorized to administer the blood alcohol test.
I know. You are right. However, I have never heard of an instance where a police officer’s testimony was not taken as abosolute gospel, if you will. Unless there was some kind of absolute proof the officer did not run a red light! Which there was not.
As I sit here right now, I am absolutley sure in all me heart, soul, and mind, that tens of thousands of NJ Drivers have been pulled over and arrested for DUI without proper cause and got railroaded.
Afterall, we want this as a people, do we not?
Usually the only evidence an officer has to the stop is his testimony.
I was arrested for DUI on December 25, 2005 and I was not even driving a car. I was in an emergency room with my girlfriend, cause she got something , like dirt or metal, in her eye.
The Docotor called the police because he smelled alcohol. My girlfriend was an alcoholic and was drunk, and still might be for all I know. As I went to smoke a cigarette outside I was arrested for DUI.
I refused the breath test and screamed blooody murder, if you will!
This case was over within 4 months, as the prosecutor swallowed her pride and said in open the court there was no cause for arresting a person for DUI who was not driving a car or no where near a car.
The prosecutor was since appointed as a Superior Court Judge.
(political appointment).
I have many stories and I will get to them over time.
However, in the mean time, you got to admit, at a 0.19 BAC, if it is a true number, the person would of showed significant signs of being drunk, the cause to arrest would be backed up by the actual BAC.
I think maybe the defenses for DUI in NJ are so sophiticated, that thay are casuing an increased Death total for DUI.
Just think how many Bar/Restaurant Chains are in New Jersey . We got Friday’s. Applebees, Ruby Tuesdays, Outback, Chilis, ect ecte ect…
I know at Ruby Tuesdays, the first page of the menu is all alcohol drinks, in big colored pictures!
New Jersey is a State of suburban communities. Everyone drives to these places. For every instance a person gets convicted of a DUI in New Jersey I would venture to guess 10,000 people drive safley home with a BAC 0.08 or greater!
This is the true tradgedy.
The potential for death is high!
Mr. Saile,
Any word on the Expert’s report about the Alcotest?
I know it was due to Judge King 2 days ago.
I am exctremely interested in what they found as I am analytical chemist .
I emailed extensive information to all 4 defense attorneys about general analytical instrument result reports , valdation, calibration, and use.
I hope scientific reality prevails, especially in NJ where sceintific analytical instruments is an everyday business!
I have been thinking about DUI and I really do not understand it I guess.
A driver wil get pulled over, asked some questions, given field sobrity tests, and arrested if the officer thinks the person is under the influence. The dricer’s car is towed away to an imound yeard. The driver is taken into the police station.
If everything is good as to the stop, the sobriety tsts and all involved with that, why is it necessary to have breath testing?
We kno wthat if the stop and field sobriety testing is not done correctly, the case gets won by the defense no matter what th enumber on the breath test is. We saw that with te Wall township Police Captain.
Converesly, if everything is done corretly and there was proper probable cause for the stop and arrest, what is the need for a breath result ? This is the part I can not figure out.
Mr. Saile, can you try to explain it to me. I am confused.
From this point of view, it would seem that every actual defendant in the Chun litigation can be found guilty of DUI based on the arrrest regardless if the number gets even totally tossed out.
Is this correct?
The way I see it is theat ther breath test can only help a defnedant and never hurt him. Becuase if the number is below thel egal limit, well the defense has an argument that the impairmewnt was not severe enought to cause the person not to be able to drive a vehicle, but if the number is above the legal limit, so what, the stop and feild sobriety test is enough.
This being the case, why sdoes the State make it mandatory for a person arrested for DUI to submit to a breath test?
It does not saeem to be important as evidence.
I just want to know, how important is this evidence if the State can get by and get convictions without it?
To take this one step further, if the breath result is below the legal limit, the State can without the number, refuse to provide discovery on it, and simply say the machine was not working that night, anf will go to trial without it.
I am so confused!