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.
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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
- TRT Terms: Blood alcohol levels; Courts; Driver licenses; Drunk drivers; Drunk driving; Legal factors; Suspensions; Testing; Traffic arrests; Traffic conviction; Validity
- Uncontrolled Terms: Driver license suspension
- Subject Areas: Highways; Law; Safety and Human Factors; I83: Accidents and the Human Factor;
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