New Jersey Bill mandates sobriety tests…
Apr 21st, 2009 | By Michael L. Saile, Jr., Esq. | Category: Blogs, DUI-DWI-DAI (Drunk Driving)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.
i dont think what you wrote in the first 2 paragraphs means mandatory breath testing, ….. i think it just means the officers report must have cooments on observations of sobriety.
one problem is if the people are seriously injured and taken to the hospital, ….. does this bill call for the release of medical records?
i think it does though , on a rare ocassion, where a person at 0,08% bac, was had his car hit and not his fault, acvtually not be able to sue? because he himself was dui.
maybe the person that caused the accident and wasnt dui, canb actually sue the victim, for being on the road, ….
why cant they ever make a clear law in nj?
another problem is this…
if it were breath testing, .. that means sober, innocent victims of car crashes, would have to be arrested, without probably caused, there person siezed and taken to the police station, ….. all in violation of the 4th, 5th, and 6th amendments of the constitution.
i think if it means breath testing, .. the law is unconstitutional.
i just dont understand. if a person if stopped at a red light let us say, 2nd car in line, … and car comes up from behind, too fast, and rear ends the car. that car hit then gets pushed forward, and rear ends the first car at the light.
now, what demonstrates serious bodily injury? if a person goes away in an ambulance, …. as we know people go for whiplash, as precautionary , also for concussions as precautionary, … and concussions can be serious if the brain sweels, can lead to death in a day or 2, ….. but how would the police know how serious it is?, … better definitions need to be made…
2nd point —- now both the cars that were stopped at the light, the drivers would technically have to be taken into pilce custody to give a breath test, … even if just the car the caused the accident, the third car driver had injuries.
people are trying to get to work, and thousands of other places, .. byfr now, not only is there car being towed away, they are being taken into police custoday ,,,…. this is so wrong..
in the particular case in the post, which sprangf the bill pending, did the person who was killed tested for alcohol on autopsy, …. or at the hospitasl before death?
this is an unnecessary can or worms, ….. it will foirce attorneys to read though millions of pages of case law, to determine what serious bodily injury means, and many other things.
the nj legislature should define verbatum, every word and nuance, so not misinterp0etATION CAN BE MADE BY THE COURTS, …. this has been my stink with the nj legislature for years, ….. arent they educated? dont they want to define what they write?, ….. i much rather have everything in the hands of the legislature, … but time and time againe, they wind up writting vauge and bullcrap statutes that open a can of worms, ….
why not write the bill saying, .. if someone is taken away in an ambulance thern all drivers need an alcotest, period, …
thats the right bill…
now, this comes into play raisinbg everyones property taxes to pay for roadside handside alcotests, ….
is this the purpose of the bill?, to force the 567 municipal police epaRATMENT TO PUTCHASE HAND HELD ALCOTESTS?
think about it, … but if that was the legislatures want, why not just define is as such, and get a vote on it…
bullcrap nj politics , exspecially in regards to this level of the justice system, is totally flawed
another reason it doesnt jive with nj law, isa because the nj supreme court ruled last year a person has 2 years to clain injuries , and this in all rights includes nj car accidents, ….
i mean, jesus, think about it, … yuu ever been rear ended, i have,. and it 2-3 days even before you feel neck pain from the whiplash, and are unable to perform routine tasks,…
]maybe it becomes serious, maybe it doesnt, .. everyone in diffent in their physicality,…
the law, the statute, the bill, .. is written compleyely wrong,,,
to where people are going to be wrongfully screwed over, and some are going to be wrongfully negativley affected, …. and some are going to wind up having more rights thanb the victimes that were rear ended at stop lights,m…
wake up
write a good bill, a good statute, that is in line with nj law, the constitutuion, even you have a ton of leewway with dui, …. but noit this much leeway, ……. you are propodsing takingting into custody wiplash vivtims of rear end accidents, that were just stopped at a light, perfectly sober, ……. you GOT TO BE OUT OF YOUY FRIGGIN MINDS
JUST SAY, IN ANY NJ CAR ACCIDENT, IF A PERSON IS TAKEWN AWAY BY AMBULANCE, EACH DRIVER NEEDS TO BE ROADSIDE HAND HELD ALCOTESTED,…
PERIOD, …. this is the right bill,….
this cover all of your serious right away victimes and injured people, as well as drivers rear ended on the way to work , maybe for an importabnt business meeting, etc…
the nj economy , believe it or not, .. relies on people getting to work …and even to the minute, in regards to thousands of line workers in factorys, deliveries of compinewnts ot ports, you name it, …
theoretically, 1000 line workers at a pharma company could be sent home, with union pay, of half pay, for the day, all because an individually was rear ended and was taken in custody in violation of his constitutional rights, just because a driver that rear ended him was injured to the point he was taken in an ambulance,,,,
yeah, it happens, and some delays would occur, …. but not like this, .. not this circumstance, …
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what are you people talkin g about?
but put that aside for a minute, …….