New Jersey DWI Information

JOHN MENZEL, J.D.
 and the Law Firm of John Menzel
 ________________________________________________________________________
 DRUNK DRIVING ARREST

Drunk driving detentions – whether during a motor vehicle stop, investigation at the scene, or subsequent arrest – are unlike other motor vehicle stops and criminal investigations in many ways.  While you still have certain basic rights under both the United States and New Jersey Constitutions, you also have certain statutory obligations.  Often in acting on what one believes to be their constitutional rights, they fail in these statutory obligations.  This confusion usually hurts the defendant’s tactical options and can lead to an innocent person being unjustly convicted.

Knowing what you can and cannot do when police confront you is important, not just to help the guilty avoid punishment, but to protect the innocent from injustice.  To learn more, click on these topics:

YOUR CONSTITUTIONAL RIGHTS
YOUR STATUTORY OBLIGATIONS
DO'S and DON’TS WHEN STOPPED FOR DRUNK DRIVING
DO'S and DON’TS WHEN ARRESTED FOR DRUNK DRIVING
CONTACT JOHN MENZEL, J.D.
DISCLAIMER

Your Constitutional Rights

Silence.  You have a right to remain silent because anything you say can and will be used against you in court.  Exercise that right!  Never tell police whether you drank alcohol, what you had to drink, or when you drank.

Lawyer.  You have the right to consult with a lawyer and to have the lawyer with you during questioning.  If you are indigent and cannot afford a lawyer, the court will appoint a lawyer to represent you, provided you pay a fee of up to $200 to the court.

Security.  You have a right to be secure in your person, houses, papers, and effects (including your body and your car) against unreasonable searches and seizures.  You do not and should not get out of your car unless police order you to do so.  You do not have to get out of your car if police merely request or invite you to get out.

Your Statutory Obligations

Produce Driving Credentials.  If a police officer asks to see your driving credentials, you must produce a driver's license, vehicle registration, and insurance identification card.  If you do not do these things, you can be charged with various offenses, including (from least serious to most serious):

·         failure to have a driving credential in your possession when required

·         driving an unregistered vehicle

·         driving while unlicensed

·         driving while your privileges are suspended or revoked

·         driving without insurance.

Submit Breath Samples.  Refusing to submit breath samples can lead to consequences almost as serious as a drunk driving conviction.  It also places a defendant at a terrible tactical disadvantage when dealing with the prosecutor in municipal court.  You should almost always submit breath samples when police ask after arrest.

DO'S and DON’TS WHEN STOPPED FOR DRUNK DRIVING
DO'S and DON’TS WHEN ARRESTED FOR DRUNK DRIVING
CONTACT JOHN MENZEL, J.D.

Do's and Don'ts When Stopped for Drunk Driving

DO:

·         Have your driver's license, registration, and insurance card ready for police.

·         Submit to a "pat down" search, handcuffing, and arrest.

·         Ask for a lawyer.

·         Be polite, but...

DO NOT:

·         Answer police questions.

·         Volunteer information or engage in small talk.

·         Lie.

·         Do balance tests.

·         Consent to police searching your car.

·         Sign anything.

Do's and Don'ts When Arrested for Drunk Driving

DO:

·         Ask for a lawyer again.

·         Give breath samples.

·         Submit to fingerprinting.

·         Go to a hospital or doctor as soon as you are released.

·         Insist that the hospital test your blood for ethanol.

·         Hire competent lawyer on the next business day.

DO NOT:

·         Answer police questions.

·         Volunteer information or engage in small talk.

·         Do balance tests.

·         Consent to blood tests.

·         Sign anything.

YOUR CONSTITUTIONAL RIGHTS
YOUR STATUTORY OBLIGATIONS
CONTACT JOHN MENZEL, J.D.

New Jersey related excerpt from: Digest of State Alcohol-Highway Safety Related Legislation (from the National Highway Traffic Safety Administration, 20th Edition, Current as of January 1, 2002)

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