New Jersey Lawmakers to Consider Post-Crash Sobriety Test Requirement
Drivers who are involved in New Jersey traffic fatality or serious injury crashes would be required to take a field sobriety test under a bill recently introduced in the New Jersey Legislature. According to this news report in the Insurance Journal, Assemblyman Paul Moriarty, who is co-sponsoring the bill, has said that this requirement would help law enforcement officials determine whether or not a driver should be charged with a crime in connection with the auto accident.
Right now, officials can only administer sobriety tests to drivers when there is evidence or a clear suspicion that the driver is under the influence of drugs or alcohol. Examples of such evidence may be erratic driving or the odor of alcohol from the vehicle or the driver's person. This measure came as a response to several incidents where drivers involved in fatal or major injury crashes were not tested for drug or alcohol use.
Victims' families believe that the sobriety tests will help hold drunk drivers who cause these serious accidents accountable for their actions. However, this legislation is cause for concern because drivers could be unfairly subject to such scrutiny. A drunk driving allegation in a fatal or major injury accident could have major consequences for a defendant. If convicted, the defendant would be looking at a lengthy prison sentence. Running sobriety tests – be it field sobriety tests or breathalyzer tests – on a driver without evidence of intoxication is simply not fair.
If you or a loved one has been accused of drunk driving, reckless driving or vehicular manslaughter, please contact an experienced New Jersey criminal defense lawyer at Lependorf & Silverstein for a free consultation. Our aggressive and skilled DUI defense lawyers in Princeton will help you get acquitted or get your charges reduced. Please call us today for your free case evaluation.
