dwi laws

[ditzymiss]

What is the name of your state (only U.S. law)? New Jersey

There are four people in a vehicle. The owner and driver of the vehicle has been drinking and gets stopped. Three of the passengers have also been drinking, but one has not and is on probation. What if anything happens to any of the passengers in this case? Thanks!

[Antigone*of*Greece]

Originally Posted by ditzymiss

What is the name of your state (only U.S. law)? New Jersey

There are four people in a vehicle. The owner and driver of the vehicle has been drinking and gets stopped. Three of the passengers have also been drinking, but one has not and is on probation. What if anything happens to any of the passengers in this case? Thanks!

Jeeesh...I hate word problems

[BigMistakeFl]

Did the cop know the passenger was on probation? Did he ask for said passenger's credentials?

What are the restrictions of the probation? Let me guess.... is one restriction that he is not to consume alcohol?

[ditzymiss]

THE RESTRICTIONS OF PROBATION ARE ALWAYS NO ALCOHOL OR DRUGS, BUT UNDERSTAND THE PERSON ON PROBATION WAS NOT DRINKING AND WOULDN'T THE OFFICER CHECK THE OTHER PASSENGERS CREDENTIALS AUTOMATICALLY? IT WOULD SEEM IF ALL PARTIES WERE INTOXICATED, THEY WOULD ALL BE GOING IN. i'M JUST TRYING TO FIND OUT IF SOMEONE IS STOPPED AND FOUND INTOXICATED, ARE THE PASSANGERS IN THE VEHICLE IN TROUBLE WHETHER THEY ARE DRUNK OR SOBER. IT'S MY UNDERSTANDING THAT IF ANYONE LETS A PERSON DRIVE WHILE DRUNK, THEY ARE SUBJECT TO THE SAME PUNISHMENT.

[CdwJava]

Originally Posted by ditzymiss

THE RESTRICTIONS OF PROBATION ARE ALWAYS NO ALCOHOL OR DRUGS,

I doubt that is true. I doubt that probation in New Jersey "ALWAYS" prevents the consumption of alcohol or drugs (assuming legal drugs, of course).

BUT UNDERSTAND THE PERSON ON PROBATION WAS NOT DRINKING AND WOULDN'T THE OFFICER CHECK THE OTHER PASSENGERS CREDENTIALS AUTOMATICALLY?

Some do ... some don't. Depending on the computer systems and practices of the agencies involved, it is possible that the probation info might not be related to the officer in the field.

IT WOULD SEEM IF ALL PARTIES WERE INTOXICATED, THEY WOULD ALL BE GOING IN.

If they are so intoxicated as to meet the legal definition of public intoxication in that state, sure. But, the officers could be nice guys and let someon come pick them up rather than running them all in.

i'M JUST TRYING TO FIND OUT IF SOMEONE IS STOPPED AND FOUND INTOXICATED, ARE THE PASSANGERS IN THE VEHICLE IN TROUBLE WHETHER THEY ARE DRUNK OR SOBER.

Sober passengers who have not committed any crime and are not wanted should have no problems.

IT'S MY UNDERSTANDING THAT IF ANYONE LETS A PERSON DRIVE WHILE DRUNK, THEY ARE SUBJECT TO THE SAME PUNISHMENT.

You understand wrong. While there MIGHT be some criminal or civil liability depending on the circumstances and relevant state law, in general a passenger is not going to be in trouble if the driver is DUI.

- Carl

[ditzymiss]

THANKS FOR YOUR INPUT, IT WAS HELPFUL. tHIS IS A PART OF THE STATE LAW AND NOT SURE I AM INTERPRETING IT RIGHT AS FAR A SOBER PASSANGER LETTING SOMEONE UNDER THE INFLUENCE DRIVE....

DWI - N.J.S.A. 39:4-50

(a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject

AT THIS POINT IN NEW JERSEY BAR'S AND HOMEOWNERS ARE HELD LIABLE IF SOMEONE LEAVES THEIR ESTABLISMENT DRUNK AND DRIVES....JUST TRYING TO BE CLEAR

[CdwJava]

There may be laws that hold certain parties partially responsible for knowingly permitting an impaired peron to drive, but these laws likely assume that individual is capable of exercising control over the drunken individual. Plus, these laws may not be criminal in nature, they may have to do with civil suits.

The section you provided might be applicable to a vehicle owner or someone in charge of the vehicle if they knowingly permit an impaired person to drive their car, but merely being a passenger is not likely to evoke that law. Being a passenger in your own car and allowing the obviously drunk person to drive, maybe.

Not being from NJ I am simply making a presumption on what I would see as a reasonable interpretation of the law. I cannot see the law being so far reaching as to apply an unreasonable standard of responsibility on passengers in a vehicle driven by an impaired driver.

- Carl