Home Forums New Jersey Motorists Issues NJ DWI WITCH HUNT

This topic contains 1 reply, has 2 voices, and was last updated by  Shelia at NMA 7 months, 1 week ago.

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  • #176648144

    ruralassist
    Participant

    Can an Officer, subject a motor vehicle accident victim to “custodial interrogation” without providing such person with “Miranda Warning” when such accident victim is not guilty of a moving traffic violation and did not cause injury to persons or property?

    Can information obtained during “custodial interrogation” from the Defendant without “Miranda Warning” be used against the Defendant as evidence in a DWI criminal trial?

    Are interpretations of scoring of the “Walk and Turn” and the “One Leg Stand” scientific indication of Defendant having a B.A.C. at or in excess of the Per Se limit of 0.08?

    Does the “Standard Statement” properly inform the Defendant and Impel Compliance with the Refusal Statute?

    Is the “Implied Consent” contract between the State of New Jersey and the licensed out of state driver a legal contract with agreed upon “terms and conditions” acknowledged and executed by both parties?

    Are the Penalties for a first time offender of the DWI Refusal Statute 39:4-50.4a “cruel and unusual” or excessive?

    Is the New Jersey Statutes – Section: 39:4-50.2: “Implied Consent” law an expressed or implied power provided by the United States Constitution?

  • #176649993

    Shelia at NMA
    Participant

    Dear Rural Assist,

    The NMA recommends anyone who receives a DUI needs to find a good DUI attorney since this is a serious offense. I would highly recommend that you do find one and soon so that he or she can answer these questions pertaining to your situation.

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