Case Law Definitions of “Under the Influence of Alcohol”

The working definition of "under the influence of alcohol" as related by the case law has not changed much in the past 100 years. In State v. Emery, the New Jersey Supreme Court quoted with approval a definition that dated back to at least 1917. The court held "N.J.S.A. 39:4-50 penalizes a person who drives while under the influence of intoxicating liquor. Although prosecutions pursuant to these Continue Reading...

Ignition Interlock Bill Gaining Momentum

New Jersey currently requires multiple DWI offenders to install ignition interlock devices in their vehicles under certain circumstances.  The ignition interlock device prevents the vehicle from operating until the motorist blows into a breath test device affixed to his or her ignition and logs a blood alcohol concentration below the legal limit of .08%.  Individuals who are subject to the Continue Reading...

Social Hosts Not Responsible for Self-Serving Drunk Drivers

New Jersey's Supreme Court recently refused in Mazzacano v. Happy Hour Social and Athletic Club of Maple Shade, to impose a duty on social hosts to monitor potential intoxicated drivers who serve themselves alcohol at a gathering. The decision creates a boundary line in the liability exposure for those who organize social events where alcohol is supplied for consumption of event goers. There have Continue Reading...

Middletown DWI Checkpoint Schedule

The Monmouth County DWI Task Force conducts periodic roadblocks intended to apprehend and deter individuals from driving while intoxicated.  A checkpoint is scheduled this weekend in the Township of Middletown. The detail shall be stationed on Route 35 North from 11 PM Saturday to 3 AM Sunday at the Hudson City Savings Bank in Middletown. The police officers handling the roadblock shall include Continue Reading...

That Chocolate Was Just Too Sweet

Alcoholism and DWI are obviously terms which individuals might correlate but chocoholism probably is not. Chocoholism is the addiction to chocolate, at least in theory.  The question which one might ask is what does an addiction to chocolate have to do with DWI?  I thought nothing until I read the recent report in an Australian newspaper wherein it was claimed that a DWI resulted from chocolate.  Continue Reading...