Archive | DWI RSS feed for this section
AICRA does not bar Dram Shop Act lawsuits by drunk drivers

Drunk Drivers can Still Sue Liquor Licensees that Overserve them

You’re visibly drunk and the bar keeps serving you. You get on your motorcycle after last call. BOOM! CRASH! SERIOUS INJURIES. Lawsuit against bar?

Continue reading
"Better get it right the first time you take the breathalyzer test"

No Second Warning for Breathalyzer Refusal Consequences

Should suspected drunken drivers who, after a proper warning, consent to a breathalyzer test, but who then fail to give an adequate sample, be given a second warning about the consequences?

Continue reading
Truck driver charged under CDL DUI statute

COMMERCIAL AND GENERAL DWI CHARGES ARE DISTINCT CHARGES

The State tried to save the case against defendant by moving to amend the general refusal charge levied against defendant to a CDL refusal charge, after the expiration of the 90 day statute of limitations. The APP DIV held…

Continue reading
Alcotest ruled reliable by NJ Supreme Court

Hearing on Alcotest Thermometer

“Three years after New Jersey’s highest court ruled the Alcotest is a reliable gauge of drunkenness at the wheel in State v. Chun, there are still hiccups to its unfettered use. On Tuesday, a state appeals panel held…”

Continue reading
DWI conviction reversed

DWI CONVICTION ENTERED IN FACE OF REASONABLE DOUBT IS REVERSED

N.J. Law Journal reports: An Essex County judge who shifted the burden of proof to the defendant in a drunken-driving case and convicted her despite finding reasonable doubt was reversed Thursday in State v. Driscoll, A-5842-08. After hearing testimony from Patricia Driscoll’s treating neurologist — who said her erratic driving on the night of her […]

Continue reading
N.J. legislature fixes N.J. Supreme Court decision

N.J. Legislature “Fixes” another N.J. Supreme Court Decision

N.J. Law Journal reports today: Scarcely a month after the state Supreme Court held convictions of refusing to submit to breath tests don’t count as prior DWI offenses for sentencing purposes because the Legislature never said so, two Assembly members are remedying the situation. On Feb. 10, Mary Pat Angelini and David Rible, both R-Monmouth, […]

Continue reading
death by due

Who is to blame for causing a death by DWI?

An underage drinker, a young adult, liquor and a car. A lethal mix with a horrifying ending. Who is to blame?

Continue reading