Poll: Should New Jersey Criminalize Drunk Driving?
New Jersey has few controls to ensure accused drunken drivers don’t commit additional violations while awaiting their court appearances.
As Memorial Day weekend approaches, local authorities will be on the lookout for drunken driving. As many of our police stories have noted, there has been no shortage of infractions and incidents in the area. In some, the drivers manage to only hurt themselves, but sometimes they hurt others.
Unlike surrounding states—such as New York, Delaware and Pennsylvania— where drunken driving is a criminal offense, New Jersey categorizes driving under the influence as a motor vehicle violation.
According to a report by the Press of Atlantic City, the way the law currently stands allowed 45-year-old Vineland man, Anderson Sotomayor, who was charged with DUI on April 9 to retain his driving privileges until his scheduled court appearance of May 30.
According to the Press, Sotomayor allegedly went on four additional drunken-driving episodes—on April 11 and 25 and May 12 and May 16—before he was taken into custody on charges of illegal use of a controlled substance. The drug charge was the first criminal offense he faced that allowed authorities to impose bail and keep him from driving until his court appearance.
The possibility for repeat offenders to continue driving drunk while awaiting their court appearances is a problem local legislators are trying to address by drafting a new bill.
We want to know if you would support the legislation.
Richard Dean
2:02 pm on Friday, May 25, 2012
I voted no on this. If this seems strange for someone retired from a 34 year career of public safety dispatching including police I will explain. I am not in favor of such a proposal for first time offenders or even second time violators unless perhaps if the second incident were within a year or so of the first offense. And perhaps for the third and succedding convictions of dwi then it should be studied. And if maybe it should be considered if there are injuries involved but not automatically for the first offens otherwise.
Russ Crespolini
8:16 pm on Friday, May 25, 2012
Hello sir! Interesting note is if the law mirrors ones from the surrounding states, there would be discretionary power with authorities to impose immediate revoking of the license. So if the majority felt like you, then they could handle it on a case by case basis. Thanks for writing!
Gary
3:44 pm on Friday, May 25, 2012
I would say it differently. No harm to another, no criminalization. Harm to another, criminal act. Obviously this perspective could be extrapolated to the rest of the penal code. All we need is another group of people to incarcerate our already incarcerated nation.
Russ Crespolini
8:14 pm on Friday, May 25, 2012
Hey Gary! Really interesting option. I would suspect a version of the bill that takes that approach might have a great chance of succeeding. Thanks so much for commenting.
FourScore
4:24 pm on Friday, May 25, 2012
The way the poll is worded is ridiculous! IF DUI was made a criminal offense, that does not mean that the presumption of innocence and right to due process would be bypassed. Those are constitutional rights!
Russ Crespolini
8:13 pm on Friday, May 25, 2012
Hey Hookerman,
The way the laws in the surrounding states are written, authorities would be able to impose bail and immediately revoke the license of the person charged if they believe they are an immediate public safety threat.
This would be before trial. The wording of the poll matches one of the options currently being used by other states. It would rely heavily on the discretionary power of authorities to identify someone as a threat and remove that threat before repeating.
As it stands now, they are released pending trial.
What appears to be the catch 22 is that by criminalizing it, it opens the door to a jury trial which gives defense attorneys more ways to defend the charge. Interesting to say the least.
Thanks for commenting! And have a great weekend!
perry
11:31 pm on Friday, May 25, 2012
10000 dead as a result of driving drunk and people are worried that someone might not be allowed to drive while waiting for their day in in court.
ps. 50% are at or above .16 when dead on the road!!
anonymous
8:40 am on Saturday, May 26, 2012
unfortunately, I recieved a DUI after going out to a restraunt and having too much to drink, i admit it was poor judgement. i wasn't thinking clearly, i was very sad. I've never been in trouble with the law and the fines and penalties were strict. My mom was terminal, i was the only one taking care of her. She was bedridden 7/24. The laws are unfair and hold an isolated incident over someone for the rest of thier life is cruel and unkind. The division of Motor Vehicles place this on your driving abstract for the rest of your life. It's unfair because you have to mention it to employers on job applications. It's very unfair, i wish they would rethink the law and give first time offenders a second chance, provided no was was hurt and they completed the court imposed penalties. i was emotionally exhausted and very sad about my mom and not being able to save her. It adds insult to injury when society judges you for something that was an anomality. I don't condone drinking and driving and don't go out anymore. I feel the laws should change, I feel a first offense should be overlooked, maybe DMV could introduce another program to help drivers that made a mistake that would allow for a DUI to be erased from thier record at the DMV and prevent employers from accessing the record when not a directly related driving job.
Russ Crespolini
9:59 am on Saturday, May 26, 2012
Anonymous, thanks for writing. So if I follow you correctly you want first time offenders to get a pass if they didn't hurt anyone? So what if someone who is sad and goes out and drinks too much and drives drunk for the first time wipes out an entire family in a crash? Since it was their first offense, should they get leniency? And then the relatives of those killed in in the DUI crash....they get sad and go drinking and crash their cars....because they are first time offenders should they get leniency as well?
Currently the only imposition on someone who drinks and drives is the branding of the record and a hit to the wallet/license impact. It is possible that if it is criminalized some of the other penalties might be adjusted as well.
Thanks for writing and for sharing your thoughts. Complex issue.
FourScore
1:34 pm on Saturday, May 26, 2012
“Currently the only imposition on someone who drinks and drives is the branding of the record and a hit to the wallet/license impact.”
According to the NJ DMV site, violations for DWI can also include prison terms;
http://www.state.nj.us/mvc/Violations/dui.htm
Russ Crespolini
4:52 pm on Saturday, May 26, 2012
Thanks for pointing that out Hookerman. I forgot to put it in the context of the conversation: speaking of first time offenders. And of course, there are exceptions to every rule. The majority of the time, the only penalty for a first time offender is a branding of the record and a hit to the wallet/license impact.
Jon
1:39 am on Sunday, May 27, 2012
unfortunately, telling your sob story to us doesn't help you at all. You will need to rehearse it well so you can tell it convincingly to your future prospective employers. They are the only ones who are going to care. And the longer you go with a clean record, the less they will care.
Linda Sadlouskos
9:04 am on Saturday, May 26, 2012
It makes more sense at high blood alcohol level counts. But I have heard of someone recently who was threatened with a DUI for a blood alcohol content results of half of the legal limit. (.04? -- my math could be off with decimal). Should that be criminalized?
Russ Crespolini
9:53 am on Saturday, May 26, 2012
Well, I think this is where the discretionary power of the authorities would come into play. If they abuse the immediate revocation of the license it won't hold up in court. Many police officers are working hard at self policing because they can't be everywhere. Threatening someone who was halfway to trouble might be a way to give them pause going forward.
Prentiss Gray
2:04 pm on Saturday, May 26, 2012
Interesting split in the voting, I'd like to know more about why people voted the way they did.
Frank
3:32 pm on Saturday, May 26, 2012
In general - most of the drunks on the road in the USA are off-duty cops, sherriffs, peace officers etc. Just do a "news google" for "off-duty cop dwi" and you will be amazed.
Patchisarag
3:46 pm on Saturday, May 26, 2012
What an ignorant statement. The news sensationalizes an Officer's arrest because you would not read the article if it said "landscaper arrested for DWI". Nice to generalize.
Russ Crespolini
4:45 pm on Saturday, May 26, 2012
"In general" is a pretty serious statement Frank. You have any sort of reports you links you could share? Thanks for commenting.
Jon
12:00 pm on Sunday, May 27, 2012
In general, Frank just likes to say really dumb things to try and get people riled up. This is what is known as "trolling", or being a "troll'.
jazzman
1:07 pm on Sunday, May 27, 2012
so what the majarity of you are saying is that someone connected to or working with or in law inforce today, do not drink, would never drink and drive,so then how is the statics showing likely in general,nobody ever in law inforcement has ever been arrested for drinking and driving,how is that possible,since everytime they get the free ride home then there should be period of probation for first offenders of 5yrs....bottom line,..with surcharges and fines leaning towards 5,000.00 its really only about the money!
Abe Froman
5:03 am on Tuesday, May 29, 2012
I did a "news google" for most dwi's and while several stories came up about off-duty cops drinking and driving, there were even more stories about people named Frank drinking and driving... weird. You are right, I am amazed. I guess in general most drunks on the road are Frank's.
Richard Dean
9:26 pm on Saturday, May 26, 2012
For some reason this poll was posted in the TriBoro Patch for Kinnelon, Butler and Bloomingdale and now I see it is in the Mendham-Chester Patch. Well I did have family in Mendham at one time, their name was Holloway but the moved to Morristown in the 1760's.
fgfgff
11:32 pm on Saturday, May 26, 2012
Who cares
Russ Crespolini
11:33 am on Sunday, May 27, 2012
Hello Richard,
We often share content when issues are state related. The site of origin is mine (Mendham-Chester) but felt it was worth sharing. It actually is posted in a lot more than just those few sites mentioned. Thanks so much for commenting thought. Would you be willing to shoot me an e-mail to talk about your family connection to Mendham? I am always looking for family history stories tied to the pre-revolutionary era. Would be a good read for my Patch as well as Morristown and Triboro. russ.crespolini@patch.com if you are willing to share. Thanks, and have a great weekend.
fgfgff
5:27 pm on Sunday, May 27, 2012
Dear Patch, would it be at all possible to set up a fundraiser to buy a dictionary or perhaps Hooked on Phonics for Jazzman?
Alice Jameson
5:36 pm on Sunday, May 27, 2012
Now, that’s a grand idea! Although I’ve always suspected that ESL tutoring might be necessary. Either way, please let me know how I can donate.
LVMom
7:24 pm on Sunday, May 27, 2012
I agree wholeheartedly! Jazzman is an embarrassment to himself and the entire state of New Jersey.
Alice Jameson
11:28 pm on Monday, May 28, 2012
LV MOM:
If you make up your mind, be sure and let us know.