The police officer is trained in the New Jersey State Police DWI\Standardized Field Sobriety Testing Course to ideally utilize a penlight at roadside to assist in the administration and observation of potential Nystagmus in the suspect’s eyes. Use of a flashlight is not recommended due to the probability of casting of shadows which will make […]
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Field Sobriety Testing: Walk and Turn Test
In order to perform this DWI test it is required that it be performed on a hard, dry, level, non-slippery surface with sufficient room for the suspect to complete nine heel-to-toe steps. This test loses validity when conducted in certain wind/weather conditions that counters this criteria […]
Field Sobriety Testing: One Leg Stand
In order to perform this test, it must be performed on a hard, dry, level, non-slippery surface. Conditions must be such that the suspect would be in no danger if he or she were to fall. Certain wind/weather conditions obviously may interfere with and affect the validity of this test. This test should not be given to persons who are more than sixty-five years of age, more than […]
Standards For The Standardized Field Sobriety Testing (SFST) Program
Psychophysical tests should require evaluation of the subject’s appearance and condition, ability to follow instructions, as well as balance and coordination. These types of tests are called Divided Attention Tests. They require the subject to concentrate on more than one thing at a time. They divide the subject’s attention between mental and physical tasks […]
United States Supreme Court – Missouri v. McNeely
Most New Jersey DWI law comes from Appellate Division decisions, sometimes from our Supreme Court. Rarely do they come from the United States Supreme Court. Missouri v. McNeely, which was recently argued before the United States Supreme Court, is an exception to this generalization. In this case, a blood sample was taken from a defendant […]
Where to Get Help for Drinking Problems in NJ
There are many organizations which provide help to people who have a substance abuse problem. Many agencies and professional counselors will assist in screening to help determine whether some program is necessary and the type of program that would be most useful. Alcoholics Anonymous, aka. AA, is commonly available throughout the state. The State of […]
Thoughts on a new way to Deal with DWI and Alcoholism
Prohibitions and Interlock Devices March 26, 2013 — The State of New Mexico is considering a new way to deal with DWI as well as alcoholism in their state. Their State Legislature is considering legislation which would prohibit the sale of alcoholic beverage to individuals who have been convicted of DWI and required to install […]
It’s Time to Consider DWI Courts
The New Jersey court system consider expanding our drug courts to include drivers convicted of DWI or setting up DWI courts.
DWI Presentation for Westfield High School
Peter Lederman, Esq. speaks to sophomores of Westfield High School about driving while intoxicated.
DWI Issue Panel
February 2012 — A number of DWI issues were discussed by the panel. Peter Lederman’s presentation topics were Suppression Motions and Field Sobriety Testing. These two issues are critical in DWI prosecutions. Suppression Motions require that the court determine whether the investigating police officers have met Constitutional standards while conducting their investigation. The three specific […]