DUI/DWI News

McGreevey Strengthens Law to Detain Drunk Drivers

(CAMDEN)—As part of a series of efforts to keep families and their children safe, Governor James E. McGreevey today signed Senate Bill S-1868, which allows law enforcement to detain a person arrested for drunk driving.  

Drivers can now be held in police custody until they are no longer deemed a safety risk to themselves or other drivers.  Custody can last up to eight hours without a hearing.  The measure complements John’s Law enacted in 2001, which allows police to impound the vehicle of a driver charged with drunk driving.  The bill was drafted after 22 year-old Navy Ensign John Elliot was killed by a driver that was arrested for drunk driving and later released the same night.

“Today we are closing the legal loophole that allowed John’s killer to get back behind the wheel.” McGreevey said.  “In John’s case it was inconceivable to think that a man released from jail for drunk driving, would get right back behind the wheel that same night and threaten more innocent lives, but it happened.”

The Governor was joined by members of the Elliot family, including John’s father Bill who spoke on his son’s behalf.

"We promised our son we would do everything possible to prevent this tragedy from happening to other innocent victims of drunk driving,” said John Elliot’s parents, Bill and Muriel. “This law is the fulfillment of that promise and a fitting tribute to our son."

“Untiltoday a drunk driver could be sprung out of jail, and be back on the road threatening lives, within a matter of hours,” said McGreevey.  “ Today we have put an end to that.”

"New Jersey stands firm in its commitment to make the roads safer by keeping intoxicated drivers off of our highways," said Assemblywoman Mary Previte (D-Camden), vice-chairwoman of the Assembly Law and Public Safety Committee. "We are giving municipalities an important tool in the fight against the scourge of drunken drivers."

"Too many families in New Jersey have tragically lost loved ones at the hands of drunken drivers," said Assemblyman John Burzichelli (D-Gloucester). "Keeping intoxicated drivers in personal protective custody until they've slept it off is a fairly simple way to prevent them from hurting themselves and others."

"We need to do everything in our power to ensure that intoxicated drivers are taken off the road until they are sober," said Senator Stephen M. Sweeney, (D-Salem, Cumberland, and Gloucester).  "This law will give municipalities the authority to hold drunk drivers until they are no longer a danger to others or to themselves."

John R. Elliot of Egg Harbor Township was killed by 37 year old Michael Pangle on July 22, 2000.  Pangle had been arrested hours before with a blood-alcohol content of 0.21, more than twice the legal limit for drivers in New Jersey.   He was taken to the state police barracks and later let go when a friend came to pick him up.  Pangle was driving the same sport-utility vehicle in which he had been arrested earlier when it crossed the center line on U.S. 40 in Pittsgrove Township and struck Elliott's killing both men at the scene.

The 2001 “John’s Law” legislation specifically authorizes police to impound the vehicles of drivers charged with drunken driving for a period up to 12 hours. The law also requires those picking up DUI suspects to be issued written warnings advising them of their potential criminal and civil liability if they help the drunken drivers get back behind the wheel.

Governor McGreevey has made roadway safety a top priority since taking office.  Earlier this month he signed Maggie’s Law, which imposes, jail time and fines as much as $150,000 for sleep deprived drivers who cause a fatal accident.  The bill was drafted after 20 year-old Maggie McDonnell was killed by a driver who fell asleep behind the wheel in 1997.

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	Did You Know?
	In a DUI arrest, depending on the state, the officer will order you to take either a breath or blood test If you fail (or refuse to take) a breath test, the arresting officer will take your license, and give you a yellow temporary license (Notice/Sworn Report/Temporary License). If your license was valid, the temporary license will be valid for 30 days from the date of arrest. In a blood test, the officer will send the Notice/Sworn Report / Temporary License to the DMV to issue a temporary license by mail.