The New Jersey traffic statute outlining the offense of driver’s obedience provides: The driver of a motor vehicle shall observe and obey an official traffic control device erected at a public-private intersection in the same manner as those erected at any other intersection. Convictions and guilty pleas under this [...]
N.J.S.A. 2B:12-1 provides the statutory basis for establishment of municipal courts in the state of New Jersey. This statute also provides for the establishment, under certain circumstances, of a countywide “central municipal court” to hear complaints filed by county officials. Specifically, N.J.S.A. 2B:12-1(e) provides: Any county of the first [...]
It is well-established that defendants charged with violating New Jersey’s DUI statute, N.J.S.A. 39:4-50, are entitled to discovery of relevant documents and things from the municipal prosecutor handling the case. Indeed, it is the municipal prosecutor who is solely responsible for preparing all aspects of the state’s case [...]
The New Jersey statute for driving under the influence of alcohol, N.J.S.A. 39:4-50, requires the “operation” of a motor vehicle as an element of the DUI offense. However, in enacting the DUI statute, the Legislature did not provide a definition of operation. Thus, the definition of “operation” of [...]
The NJ legislature has expressly prohibited the operation of a motorized bicycle or moped while under the influence of alcohol or drugs. In this regard, N.J.S.A. 39:4-14.3g provides: § 39:4-14.3g. Operation by person under influence of liquor or drugs; penalty It is unlawful for any person to operate a [...]
One of the less well known violations included in the New Jersey DUI statute is permitting an intoxicated driver to operate a motor vehicle. This offense is generally referred to as the “allowing” violation. There are two ways that a defendant can be found guilty of the allowing [...]
N.J.S.A. 39:3-10.13 prohibits the operation of a commercial vehicle with a blood alcohol concentration ("BAC") of 0.04% or more. The statute provides as follows: Notwithstanding any other provision of law to the contrary, a person shall not operate a commercial motor vehicle in this State with an alcohol [...]
The New Jersey statute for refusal to submit to a breath test states: § 39:4-50.4a. Revocation for refusal to submit to breath test; penalties. a. Except as provided in subsection b. of this section, the municipal court shall revoke the right to operate a motor vehicle of any operator who, [...]
The New Jersey statute for driving while intoxicated provides as follows: N.J.S.A. 39:4-50. Driving While Intoxicated. (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle [...]
The Intoxicated Driving Program (IDP) is a special unit within the NJ Department of Health and Senior Services’ Division of Addiction Services whose function is to carry out the mandate of the Legislature that defendants convicted of DUI and similar drug and alcohol offenses receive an evaluation, treatment [...]
