What Does Implied Consent Mean Under New Jersey Law?
Implied consent means that as a condition of driving in the State of New Jersey that there is an implication that you agree that you will consent to provide breath samples on request from the police. If you fail to provide breath samples you can be charged with refusal which carries nearly identical penalties to a DWI conviction.
What Is Considered To Be A Refusal By Police In A DWI Case?
Anything other than an unambiguous “yes” is considered a refusal. So, “I’m not sure” or “I want a lawyer” or anything other than “yes” is considered a refusal.
What Are The Consequences Of A Refusal In New Jersey?
The penalties are identical to DWI. 7 month suspension for a first offense. 2 Year suspension for a second offense. 10 years loss of license with mandatory 6 months in jail for a third offense.
What Are The Basic Elements Of A Viable Refusal Case?
Simply that after being instructed to provide breath samples, the suspect failed to do so. It is nearly strict liability.
What Are Potential Defenses In A Refusal Case In New Jersey?
Several defenses include not being given the instructions in your native language, inability to physically provide breath samples (due to age or respiratory capacity) or not being on a public road. There is also the confusion doctrine.
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