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Commonly Used New Jersey DWI Terms
DWI
is an acronym for “Driving While Intoxicated” which is prohibited by New
Jersey Law (N.J.S.A. 39:4-50). DUI is a synonymous acronym, standing for “Driving
Under The Influence.” DWI and DUI are terms that describe the same offense in
New Jersey (i.e., there is no difference between the two).
NJ DWI is is the offense of driving while intoxicated in the State of New Jersey (N.J.S.A. 39:4-50).
BREATHALYZER
is the trademark (of National Draeger, Inc. which acquired the Breathalyzer
division from Smith and Wesson) for the most commonly used breath-testing device
in New Jersey. The Breathalyzer converts breath alcohol into a blood alcohol
reading.
B.A.C.
is an acronym for Blood Alcohol Concentration. The most definitive way to test
for B.A.C. is to test blood. The most common testing method is to take samples
of breath (most usually in New Jersey with a “Breathalyzer”). The alcohol in
the breath is mathematically converted to a blood alcohol reading.
ARRAIGNMENT
is also sometimes referred to as a “first appearance.” This date is
typically located on the DWI Summons & Complaint near the “court
appearance required” box that should be checked off. The arraignment is a
formal procedure where rights are read, charges are read and explained, and a
plea (guilty or not guilty) is entered.
If
an attorney is retained prior to the arraignment, the attorney may enter a not
guilty plea with a letter to the court, commonly referred to as a “letter of
representation.” Most courts will accept this letter and upon receipt, give
the case a new court date to allow the defense an opportunity to investigate the
state’s case and prepare for trial.
FIELD
SOBRIETY TESTS
sometimes referred to by the acronym FSTs, are tests administered by the police
to purportedly assess intoxication. Types of FSTs varies from police department
to department in New Jersey. Some FSTs are (1) finger-to-nose test, (2)
alphabet, (3) finger-to-thumb number count, (4) reverse counting of numbers, and
(5) one leg stand, walk and turn.
STANDARDIZED
FIELD SOBRIETY TESTS,
known sometimes as SFSTs, are a battery of three sobriety tests recommended by
the National Highway Traffic Safety Administration (NHTSA). These tests are (1)
One-Leg-Stand, (2) Walk-and-Turn, and (3) Horizontal Gaze Nystagmus. For more
information on SFSTs, please see article on SFSTs.
Mr. Marootian is National Highway Traffic Safety Administration (NHTSA) Trained and Certified in DWI Detection and the Administration of Standardized Field Sobriety Testing.
MUNICIPAL
COURT
is the local court within the municipality where the offense is alleged to have
occurred, which has jurisdiction (i.e. authority) to hear DWI charges.
COURT
ADMINISTRATOR
is in charge of the administrative functions of the municipal court. The court
administrator is a neutral party - he must not become involved in the
preparation of the state’s case by responding to defense discovery requests or
determining what witnesses the state will need by issuing subpoenas.
Call on New Jersey DWI lawyer, Greggory M. Marootian when you need experienced professionals to give you the facts, and restore your integrity.
New Jersey DWI | DWI
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