Steven J. Richardson | July 19, 2010
The title of this post sounds funny, but it can cause problems for people that are arrested for drunk driving in New Jersey. The breathalyzer used here is the Alcotest 7110, and it is a rather sophisticated machine. After being given two (2) breath samples, it spits out a report that sets forth your Blood [...]
Steven J. Richardson | July 15, 2010
I had written in a previous post that when it came to getting a driver to understand that he or she is obligated to give breath samples when arrested for DWI, with no right to counsel or protection from self-incrimination, non-English speakers were out of luck. The police had no duty to make sure that [...]
Steven J. Richardson | May 20, 2010
In a February post, I reported on an Appellate Division ruling that a conviction for refusal to submit to a breath test equates to a prior DUI for sentencing purposes if that person is subsequently convicted of drunk driving. In other words, if someone is convicted of drunk driving for the first time, but had [...]
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 [...]