Archive for April 2011

NEW JERSEY LAWYERS REVIEW RECENT AMENDMENTS TO NJ DRUNK DRIVING LAWS REQUING USE OF IGNITION INTERLOCK DEVICES FOR DEFENDANTS CONVICTED OF DRUNK DRIVING AND/OR REFUSAL CASES IN THE MUNICIPAL COURTS OF THE STATE OF NEW JERSEY.

Those convicted of drunk driving or refusal to submit to a blood/alcohol breath test in the State of New Jersey are now required to have installed an ignition interlock device which is a computer-type device that monitors the blood alcohol levels (BAC) of the driver prior to starting the car. The device must be installed by a New Jersey licensed technician. A person who wants to start a vehicle equipped with this device must blow a breath sample into the device. If the device detects a BAC level of .05% or greater, the device will not permit the vehicle to start for one hour. The device also requires periodic samples while the vehicle is being operated. The only exception for this requirement is the first time offender who has a BAC of less than .15% either through a reading from an Alcotest administration, a New Jersey lawyer successfully precluding the admissibility of any Alcotest reading or a refusal case. In those instances, the Municipal Court Judge in the State of New Jersey has the option to order the interlock device.

Legal Quote of the Week:

Law is merely the expression of the will of the strongest for the time being, and therefore laws have no fixity, but shift from generation to generation.

Brooks Adams, American historian, The Law of Civilization and Decay, 1896