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 [...]