DWI Reform
DWI LEGAL REFORM
While no major reform has been achieved DWI, it appears
that what might be the first stages of change may be taking place. One example of this is
the December 11, 1998 Report issued by the New Jersey Senate Task Force on Alcohol Related
Motor Vehicle Accidents and Fatalities. In this Report, the Committee suggested, among
other things, that the Breathalyzer 900 and 900A presently in use, be replaced by a new
machine that incorporated modern technology in breath testing. This would be a major
advance considering that the present breath test machine is no longer being manufactured,
having been first introduced in the 1950's as the first generation of breath test machines
(the latest machines represent the sixth generation of breath test machines). The Task
Force also recommended use of videotape in processing defendants, to preserve a record of
the defendant's speech, appearance and ability to perform psychological tests, reduction
of suspensions for a third offense and clarification of Miranda rights as they relate to
requirements to submit to a breath test.
Furthermore a recent report from the Administrative Offices
of the Court (AOC) made many recommendations which would standardize Municipal Court
procedures. These recommendations may anticipate reform in the operation of Municipal
Courts. Even the New Jersey Supreme Court recently recommended, in the matter of State v.
Widmair that the Attorney General review the apparently confusing instruction with which a
suspect is presented when confronted with the choices of taking the breath test after
being told that they have a right to be silent and to have an attorney consistent with
Miranda warnings. Finally, the Board of Trustees of the New Jersey State Bar Association
has adopted various reform proposals recommended by the Municipal Court Committee of that
Association. One such proposal, adopted in principle by the Board, would allow certain
drivers with conditional or work licenses even after a DWI conviction. Conditional or work
licenses are now available in 36 states including the neighboring states of Connecticut,
New York, Pennsylvania, Delaware and Maryland as well as the District of Columbia.
While it can not be said that any of these items by
themselves reflect a major change in New Jersey DWI laws and procedures, they may be
considered as a whole, as showing a direction toward fairer DWI laws and procedures in New
Jersey. Perhaps the next year will provide a better idea as to what can be expected in the
near future in New Jersey as to DWI reform.
