GUIDE TO HEARING DRUNK DRIVING CASES

An attempt is made here to provide guidance to a judge in ruling on the major issues involved in most drunk driving cases: legal questions of "operation", "under the influence" and the "validity of a BAC reading". Elements and proofs required are reviewed in detail and include the following: probable cause to sustain arrest; proof of operation; under the influence; consent to be tested; validity of a state's case without the corroboration of a chemical test; validity of a BAC reading; outline of a court's decision; the sentencing requirements; administrative action--Division of Motor Vehicles; what constitutes a subsequent conviction; special defense motions; non-residents--driving privilege; and license suspension reduction for certain drivers.

  • Corporate Authors:

    New Jersey Division of Motor Vehicles

    137 East State Street
    Trenton, NJ  United States  08666
  • Authors:
    • Kirsch, N S
  • Publication Date: 1980-12

Media Info

  • Features: Appendices;
  • Pagination: 35 p.

Subject/Index Terms

Filing Info

  • Accession Number: 00394051
  • Record Type: Publication
  • Source Agency: National Highway Traffic Safety Administration
  • Report/Paper Numbers: NJSA 39:4-50 Revision, HS-037 782
  • Files: HSL, TRIS, USDOT
  • Created Date: May 31 1985 12:00AM