Driving While Intoxicated, N.J.S.A. 39:4-50

Der bittere Trank
(The Bitter Drunk
)
Adriaen Brouwer (circa 1605/1606–1638)
[Public domain], via Wikimedia Commons

Narrative

On October 19, 2012, Cumberland County Sheriff Robert A. Austino charged Jay A. Cain with, among other things, Driving While Intoxicated, according to nj.com.

At about 9:40 p.m. while accompanying a Greenwich Halloween Ghost Walking Tour group on Ye Greate Street, according to the press, Austino saw a pickup truck allegedly approach at a high speed.

News reports indicate the South Jersey resident allegedly ignored signals to stop.

After the crowd had moved, the truck allegedly stopped suddenly, as reported by the news, in the area where the crowd had just been standing.

According to nj.com, Austino charged the 56-year-old with driving under the influence of alcohol, possession of marijuana under 50 grams, refusal to take a breath test, and driving while revoked.

Driving While Intoxicated (DWI)

New Jersey law imposes penalties on any person:
  • who operates a motor vehicle while under the influence of
    1. intoxicating liquor,
    2. narcotic,
    3. hallucinogenic or
    4. habit-producing drug; or
  • who operates a motor vehicle
    1. with blood alcohol concentration of 0.08% or more
    2. by weight of alcohol in the defendant's blood.
New Jersey law also imposes penalties on any person:
  • who permits another person to operate a motor vehicle owned by him or in his custody or control, and the other person is under the influence of
    1. intoxicating liquor,
    2. narcotic,
    3. hallucinogenic or
    4. habit-producing drug; or
  • who permits another to operate a motor vehicle
    1. with a blood alcohol concentration of 0.08% or more
    2. by weight of alcohol in the defendant's blood.
Experienced New Jersey Criminal Defense Lawyer Michael Smolensky, Esquire, knows how to protect his clients. Mr. Smolensky can provide consultations for all cases involving DWI. Call Now—(856) 812-0321.

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