If a law enforcement official stops you in New Jersey and believes you have been drinking, you can expect that he or she will probably request that you take a breath test in an attempt to get a better idea of your level of intoxication. Conducted using devices called Breathalyzers, breath tests almost always come into account when you face a drinking and driving charge, but are they always accurate? Not entirely.
Attending college is an exciting time for students in New Jersey and elsewhere. Whether this is your first or last year in a university, you might have become accustomed to a big part of college life – drinking. At the Law Offices of Michael T. Nolan, Jr., we know how important it is to strike a good balance between enjoying your college years and staying out of trouble.
For whatever reason, there remains a stereotype about people who are arrested for and charged with drunk driving offenses in New Jersey. Many people still think that the people who find themselves in this position are completely irresponsible and negligent individuals. The reality is actually something quite different.
New Jersey residents who are investigated for suspected drunk driving may have to undergo many different tests before they are arrested, if that is the outcome of their investigation. These tests include both field sobriety tests and potentially chemical tests. Details of the results may be used by prosecutors to support certain consequences but they may also be used by defense teams if any of the tests were not accurate or performed properly, for example.
Before heading out for Fourth of July festivities this year, it is recommended that people in New Jersey give themselves a refresher on the state's laws on drunk driving. Specifically a review of what penalties may be experienced by a person if they are convicted of a driving under the influence offense is wise. Also important to be aware is that operating a boat after drinking as well as a motor vehicle can result in a drunk driving arrest.
Laws in New Jersey do change from time to time and effective January 1, 2017 a change was enacted that related to bail for criminal defendants being detained while they await trial. The new law removed the requirement that money be posted for bail. Instead, a system was enacted that would evaluate a candidate's viability for release and allow those deemed reasonable for the program to be freed without posting bail.
As a driver who's facing DUI related charges in New Jersey, you may be wondering exactly what penalties you could be facing if convicted. At the law offices of Michael T. Nolan, Jr., we work to provide you with all the information you need to anticipate what may happen during the course of your court case.
New Jersey residents who have been arrested and charged with crimes know that they can sometimes face many hurdles in the course of the defense process. One of these hurdles can be public opinion. It seems that all too often the general public seems to forget the fact that simply being arrested does not make a person guilty. Many times reports published by the media provide only some of the details in a case and make it even easier for people to jump to conclusions that may or may not be correct.
When an officer in New Jersey suspects that a driver may be under the influence of alcohol, there are specific steps that must be taken before a person is allowed to be arrested. In essence, law enforcement officers must establish probable cause in order to make an arrest. As FieldSobrietyTests.org explains, there are three different standardized tests used for this purpose. All three are approved for use by the National Highway Traffic Safety Administration. One of these tests is the one-leg stand test.
A previous post took a look at the eye test or the horizontal gaze nystagmus test used by law enforecment as a means of collecting evidence to support a drunk driving arrest in New Jersey. Have you also heard about the walk-and-turn test? It is another of the three tests approved for this use. According to FieldSobrietyTests.org, the walk-and-turn test has been found to be 66-percent accurate.