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Blog Category:

Criminal Defense Litigation

6/26/2009
Frank T. Luciano, Esq.
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DRUNK DRIVING (DWI/DUI) IN BERGEN AND PASSAIC COUNTIES: IGNITION INTERLOCKING DEVICE

DRUNK DRIVING (DWI/DUI) LAWS IN BERGEN AND PASSAIC COUNTIES:
 IGNITION INTERLOCKING DEVICE

A recent bill has been introduced in New Jersey  that would require all persons convicted of drunk driving (DWI/DUI) offenses to install an interlocking device on their motor vehicle ignition system. In order to engage a motor vehicle engine once this device has been installed,  the operator will have to provide a breath sample by blowing into a mouth piece attached to the device. If the device detects a blood alcohol concentration (BAC)of 0.04% the engine can not start.

The bill would require first offenders to maintain the device for a period of six (6) month; second offenders for a period of two (2) years, and, third offenders for ten (10) years. The bill does  not contain a provision that would require persons convicted of refusing to take a breath test to install the ignition interlocking device. Some detractors contend that the new law will cause more drivers to refuse to take the breath test. Others complain that the seventy-five ($75.00) dollar a month fee for the maintenance of the device will produce an unnecessary financial hardship. The biggest controversy that may result from a law of this type, however,  relates to the scientific reliability of the device. Thus far, the courts have not concluded  that the device is  accurate or reliable. That issue may produce years of litigation.

The bill was called "Ricci's Law" after Ricci Branca a youth who was run down by a drunk driver while riding his bicycle. The intoxicated driver had a BAC of .339. Drunk driving law in bergen county.



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