Steven J. Richardson | February 9, 2010
As I have posted in the past, refusing to give two breath samples after being arrested for drunk driving can have serious consequences. Under New Jersey law, more specifically NJSA 39:4-50.2, a driver is deemed to have consented to providing said samples if he or she operates a motor vehicle on a public road, street, [...]
Steven J. Richardson | February 2, 2010
Under New Jersey law, if a police officer has probable cause to believe that you were operating a motor vehicle while under the influence of drugs or alcohol, he has the right to arrest you and require you to submit two breath samples to an Alcotest breathalyzer machine to determine your blood alcohol content. You [...]
Steven J. Richardson | July 6, 2009
On July 1, the New Jersey Appellate Court issued one of the most amazing opinions I have ever seen! For those of you who don’t know, a person arrested for DWI does not have a 6th amendment right to an attorney before giving a breath sample, nor does the breath sample itself constitute self-incriminating testimony [...]
Steven J. Richardson | June 26, 2009
Yesterday, the U.S. Supreme Court in Melendez-Diaz v. Massachusetts ruled in a close, 5-4, decision that laboratory reports related to the testing of drugs at a police laboratory are to be considered as testimonial evidence within the meaning of the Sixth Amendment. In effect, this means that a criminal defendant has the right at trial [...]
Steve | April 30, 2009
In New Jersey, individuals stopped for drunk driving have their blood alcohol level tested by an Alcotest Breathalyzer. One of the key prerequisites the courts have imposed on the acceptance of these test results as proof of intoxication is that the police officer must observe the driver for at least 20 uninterrupted minutes prior to [...]