Surprise! The New Jersey Appellate Division rules against NJ DUI Defendant, again!
Jun 18th, 2007 | By Michael L. Saile, Jr., Esq. | Category: Blogs, Criminal & Traffic, DUI-DWI-DAI (Drunk Driving)If you are pulled over for a NJ DUI, you will most likely be asked to take an NJ Breathalyzer Test or the new NJ Alcotest to determine your blood alcohol content. The reason you are asked to take the NJ Breathalyzer Test or the new NJ Alcotest is because you have the choice. You have the right not to take the NJ Breathalyzer Test or the new NJ Alcotest. Unfortunately, the penalties for refusing to take the NJ Breathalyzer Test or the new NJ Alcotest are usually worse.
Usually, if you do not give the NJ police officer a clear “YES” when he or she asks you to undergo an NJ Breathalyzer Test or the new NJ Alcotest, the NJ police officer is to read you a specific statement regarding your rights and possible penalties that has been approved by the New Jersey Motor Vehicle Commission.
In a case decided last week, State v. Napoli, the NJ DUI Defendant was asked to take the NJ Breathalyzer Test. The NJ DUI Defendant responded, “NO”, and the NJ police officer did not read the approved statement.
In this recent NJ DUI case, the court rejected the NJ DUI Defendant’s argument that the NJ police officer should have read her the approved statement regarding her rights. The court ruled that the NJ DUI law is clear and that the statement should be read when the NJ DUI Defendant: (i) remains silent, (ii) states that he or she wants to speak with an attorney, a doctor, or someone else, or (iii) gives an ambiguous (unclear) or conditional response.
In this case, the Appellate Division agreed with the Law Division’s finding that the NJ DUI Defendant’s answer of “NO” was clear and unequivocal. Therefore the court ruled that the approved statement did not have to be read to the NJ DUI Defendant.
The author of this Law Blog, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law. Check out our website for DUI penalties. We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts. We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts. We handle DUI cases in Philadelphia. We are located just outside of Philadelphia in lower Bucks County.
