Legal Question in DUI Law in New Jersey
The Limo Driver who didn't get tested.
Are the police (state police in this case)required to test limo drivers involved in an auto accident for alcohol or other illegal substances.
The limo driver in question was in a left hand turn lane at an intersection with traffic lights, on a 4 lane divided highway (southbound lanes). When the lights changed the limo driver turned right into on coming south bound traffic and was struck by a southbound pickup truck. The state police released the limo driver from the scene without so much as a breath-a-lyzer test.
Thanks, in advance from a passenger in the limo.
3 Answers from Attorneys
Re: The Limo Driver who didn't get tested.
No. Only if the officer either smells alcohol on the driver's breath, sees that the driver appears unable to maintain his balance, or is incoherent. There is no special rule just for limo drivers.
HOWEVER, IF YOU FEEL YOU WERE INJURED IN SOME WAY AS A RESULT OF THE ACCIDENT, YOU HAVE THE RIGHT TO FILE SUIT AGAINST THE LIMO DRIVER TO COMPENSATE YOU FOR YOUR PERSONAL INJURY. WERE YOU INJURED? IF SO, CONTACT MY OFFICE TO LEARN YOUR RIGHTS. 201-646-9799
Re: The Limo Driver who didn't get tested.
Only if the .limo driver smells of alcohol or appears to be under the influence of drugs is the officer expected to have tests performed on the limo driver
Re: The Limo Driver who didn't get tested.
If the State Police suspect the involvement of alcohol or drugs and the person is injured, they will go to the hospital and request that blood samples be taken for analysis by the State lab. They can then establish or rule out alcohol or drugs as a contributing factor.
There is no fixed rule about testing every limousine driver.
John M. Pinho
www.DaSilvaPinho.com
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