February 09, 2010
/24-7PressRelease/ --
New Jersey Mandates Use of Ignition Interlock Devices
Effective immediately on January 14, the New Jersey legislature passed
Ricci's Law. Sponsored by state Senator Jim Whelan and others, Ricci's Law toughens the standards for mandatory installation of alcohol-detecting
ignition interlock devices (IIDs) in the vehicles of those convicted of drunk driving in New Jersey:
-A first-time violator with a blood-alcohol content (BAC) over 0.15 must install an IID in his or her main vehicle
-A repeat offender with a BAC over 0.08 must install an IID
-Anyone refusing a BAC test must install an IID
-A person other than the driver who attempts to get around the IID, such as by blowing into it for the driver, will be found to be a disorderly person
An IID must be functional in the defendant's car both during a license suspension and after the license restoration (six to 12 months after restoration for first offenders; one to three years after restoration for repeat offenders).
Critics of the new law point out that first offenders should not be treated as harshly as repeat offenders. Some argue that the costs of the IID, which typically must be paid by offenders, are high.
The Impetus for the Stricter Law
On a summer day in 2006, the 17-year-old namesake of the bill, Ricci Branca, was riding his bicycle with friends to Ocean City when a driver crashed into the group, injuring three of the teens. One of them was Branca, who died a few days later.
The driver had drunk at least ten glasses of wine at a restaurant before getting behind the wheel. His blood-alcohol content (BAC) was more than four times the legal limit, and he is serving a 16-year sentence.
Ignition Interlock Devices
Enter the ignition interlock device, a tiny Breathalyzer on wheels, so to speak. The IID is about the size of a cell phone and attaches to the dashboard. The car will not start unless the driver can pass an electronic alcohol breath test by blowing into the IID.
New Jersey Senator Pushing for a National IID Standard
Longtime
New Jersey Senator Frank Lautenberg has had arguably the biggest impact on drunk-driving laws nationally of anyone in Congress. He wrote the bills that essentially forced states -- in reaction to the threat of losing federal funds -- to increase their legal drinking ages to 21 and reduce their illegal BAC levels to 0.08.
In December 2009, Senator Lautenberg introduced the
Drunk Driving Repeat Offender Prevention Act of 2009 (DDROP Act), which would use the same threat of withholding funds to compel the states to enact and enforce laws that would require mandatory IIDs in all vehicles of drunk-driving offenders for at least 180 days. Victim advocates and criminal defense attorneys are watching with keen interest to see whether Congress will pass this act.
Consult a Lawyer
To better understand the new law, or if you or a loved one faces a New Jersey drunk driving charge, contact an experienced criminal defense attorney. New Jersey drunk driving laws are complex and change often, and a knowledgeable lawyer can help you understand your rights.
Article provided by Maynard, Truland & Ware, L.L.C.
Visit us at
www.maynardtrulandlaw.com---
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