Legal Question in DUI Law in New Jersey

WHat is the duty of police officer if he knows you are drunk, allows you to drive away so that he can then pull you over for drunk driving? Does he have a duty to NOT allow you to drive?


Asked on 6/17/10, 12:50 am

1 Answer from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

This is a tough question to answer because you are assuming that you know what the officer was thinking. Also, if you are asking about duty in terms of a civil case, you are in the wrong section. There is no real "duty" element to a criminal and/or quasi-criminal case such as DWI. The fact that you were impaired while driving is enough. I am sure there is more to this story.

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Answered on 6/17/10, 5:58 am


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