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Essay / Research Paper Abstract
This 3 page paper examines drunk driving laws in NJ. The laws, penalties and criteria for breathalyzer admissibility are things discussed. Bibliography lists 3 sources.
Page Count:
3 pages (~225 words per page)
File: RT13_SA550DUI.rtf
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Unformatted sample text from the term paper:
Jersey is one of those states (Dewey-Kollen, 2005). New Jersey law (N.J.S.A. 39:4-50) renders it unlawful to drive a car when ones blood alcohol concentration is .08% or more by
the weight of blood alcohol (Marootian, 2005). The New Jersey law actually distinguishes two separate offenses, one of which is operating a vehicle under the influence and another is driving
with a blood alcohol level of .08% or greater (Marootian, 2005). The DUI, or under the influence, criteria are vague. Under the influence has been viewed as something equated with
the impairment of physical or mental ability (Marootian, 2005). Two cases more clearly define the DUI condition, one of which is State v. Emery, 27 N.J. 348, 355 (1958) which
claims that being under the influence is when someone has consumed alcohol "to the extent that his physical or mental faculties are deleteriously affected" (qtd. In Marootian, 2005). In another
case (State v. Tamburro, 68 N.J. 414, 421 (1975)) it has been defined as follows: "substantial deterioration or diminution of the mental faculties or physical capabilities of a person"
(qtd. In Marootian, 2005). The two offenses are distinguished by blood alcohol level and when one has a greater level than .08% he or she is guilty no matter what
their disposition had been at the time (Marootian, 2005). Between .08% and .10% is considered to be driving while under the influence of alcohol, but once one reaches the .10%
mark, that is considered driving while intoxicated. For such offenses, even if a person could walk a straight line or recite the alphabet backwards, if the BAC exceeds the legal
limit, the individual will be prosecuted. This is called a "per se" offense (Marootian, 2005). Although the blood concentration is perhaps most effectively found in a blood test analysis, it
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