PROPOSED NJ DWI LEGISLATION
Updated Summer - 2007
Two bills considered by the Committee, would hopefully improve
the condition of DWI law. Firstly, the Committee considered a
bill which would require clarification of the statement which
must be read to defendants before they are asked to submit to the
breath test. This statement, commonly referred to as Paragraph
36, tells the suspect that for purposes of the breath test, he
has no right to have an attorney present, nor to refrain from
taking the test as the result of his right to remain silent. The
problem arises as a result of confusion which can arise because
of the Miranda rights which are stated to the suspect at the same
time. It is in the course of reading the Miranda rights that the
defendant is told that he has a right to remain silent and to
have an attorney present. Failure to take the test can result in
a violation of law which carries penalties similar to those which
would arise as a result of a DWI conviction. Hopefully, this
proposed legislation will help to clarify the confusion which can
arise in this situation.
The second bill would require that a portion of the $3000
insurance surcharge imposed as a result of a DWI conviction, be
actually used to help people with alcohol related problems. At
the present time, these surcharge funds go to fund motor vehicle
insurance programs presently in place.
New
Jersey DWI Defense Center
Home - NJ DWI FAQ - Contact Us!
All contents © Lederman Law,
Lomurro, Davison, Eastman &
Munoz,
and Dark Horse Design
