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In New Jersey, Blow Hard Or Go To Jail

Posted in General by Kurt Ernst | June 17th, 2011 | 6 Responses |

Let me preface this article by saying that you should never drive under the influence, period. If you have a few drinks and get pulled over in New Jersey, be advised that the rules have changed. If you can’t or won’t produce sufficient volume for a breathalyzer, police can now charge you with refusal without a separate warning, and refusal carries penalties almost comparable to driving under the influence.

On May 26, the New Jersey Supreme Court ruled on the case of New Jersey versus Schmidt. Aaron P. Schmidt was stopped by Woolwich Township police for suspicion of DUI. After failing field sobriety tests, Mr. Schmidt was taken to police headquarters for a breathalyzer test; despite multiple attempts, he was unable to produce a volume of air sufficient for an accurate reading. After the third failed attempt, police charged him with the crime of refusal, and Schmidt fought the charge on the grounds that he wasn’t sufficiently advised of the refusal statute.

New Jersey’s Supreme Court disagreed, ruling that existing language was not ambiguous, and that consent for additional sobriety tests was given when Schmidt agreed to participate in the roadside evaluation. The ruling allows police to charge motorists suspected of DUI with refusal if they can’t produce a sufficient volume of air for a breath test, even without any ancillary advisory. Consider yourself warned if you live or drive in the Garden State, but better yet – just don’t drink and drive.

Source: The Truth About Cars

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6 Responses

  1. Sh!tty for Schmidty- says:

    …try explaning to officer d!ckhead that you have a respiratory medical condition, and watch how dumfounded he becomes when his pea brain is unable to process the words coming out of your mouth… Everything is not cut and dry as NJSC would like it to be.

  2. F Ernst says:

    Officer dickhead? Peabrain? Your screen name speaks volumes about your intellect. It also appears that your negative description regarding law enforcement officers is an indication that you’ve had numerous interactions with the police and it probably didn’t go your way. Try obeying the law.

  3. Anthony says:

    I’d rather them go to jail then get off due to a lack of evidence so they can come and hit me while drunk.

  4. Set says:

    What about a blood test? Is that even an option in NJ?

  5. Djrosa says:

    okay i live in sweden and we have those breathalyzers, even though ive been smoking since i was 14 and have asthma(inb4 smoking isnt that bad for people with asthma infact its supposed to help abit)and ive always had enough breath for a breathalyzer test but if i somehow didnt id tell them to get a blood test and even if you failed a breathalyzer test you should always demand a blood test since breathalyzers arent 100% accurate