Getting charged with drunk driving in New Jersey is a serious offense that can result in the loss of driving privileges. Those who are suspected of this offense are often pulled over and urged to take a Breathalyzer test. Many drivers refuse to take the test for a variety of reasons, but failure to do so does not necessarily mean the individual will escape being charged with DUI. Further, the refusal to submit to a test may result in other legal consequences.
A 60-year-old man was charged with DUI and reckless driving after being involved in a one-vehicle crash earlier this month. While driving on local roads that evening, the man apparently veered off the road and struck a fence. This crash was said to cut off power and gas supplies to the surrounding residential community until about noon the following day. No injuries were reported in the accident, but the man’s car was impounded under John’s Law. The law permits police to impound vehicles for 12 hours of those charged with driving under the influence.
Though the accident was unfortunate and caused nearby residents a temporary inconvenience, this may not be enough to prove the man was intoxicated while driving. There are many reasons why the man could have refused to take the Breathalyzer test, including pre-existing medical problems or minor injuries that may have been sustained during the car accident. While New Jersey law may provide penalties for failure to take the test, it does not necessarily mean the man is guilty of the charges filed against him.
In some cases, those with drink driving violations are able to get DUI charges reduced or entirely eliminated. As the man prepares for trial, he will want to closely examine the details of the incident and its aftermath to make sure all his legal rights were honored and protected. Also, he may wish to ensure that no critical pieces of information are omitted that may show that he was responding to the situation in the same way a sober person who was just involved in a startling car accident.
Source: Toms River Patch, “Asbury Park Man Charged With DUI, Reckless Driving In South Seaside Park MVA,” Judy Bendar, March 18, 2012