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TWO SETS OF PENALTIES FOR DRIVING WHILE INTOXICATED

Traffic Violation: Two Sets of Penalties for Driving While Intoxicated


Currently in New Jersey there are two sets of penalties for driving while intoxicated. If your reading is above a one -- excuse me -- if your reading is above a point one zero, it’s a mandatory seven to 12-month suspension for a first offense. If your reading is under a point one zero the license suspension for a first offense is three months.

So it is very significant what the reading is. In order to obtain a reading in New Jersey there are two types of instruments used to measure one’s alcohol level. One is called the Breathalyzer and that’s been in use for years and the other one is called the Alcotest. Right now the Alcotest is subject to review by the New Jersey Supreme Court and I have no idea what they are going to decide whether or not it’s scientifically reliable.

If they throw out the Alcotest, it’s going to be sent back to the courts and most likely they’ll go back to using the Breathalyzer, but the reading is the most important factor here. If it’s over an oh eight - excuse me - a point oh eight, but less than a one oh, it’s a three- month suspension for a first offense. Greater than a point one oh and it’s a mandatory seven to 12-month suspension, and that’s what you really have to be worried about.

If you might have a Traffic Violation case, Contact our Traffic Violation lawyers immediately for help.



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September 07, 2008
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