NJ Bill A704: Ignition Interlocks During DWI Appeal - A Deep Dive New Jersey lawmakers are considering a bill that could significantly change the landscape of DWI law in the state. Assembly Bill A704, sponsored by Assemblymen Gregory McGuckin, Paul Kanitra, and Robert Auth, aims to require the installation of an ignition interlock device (IID) on the vehicles of individuals who have been convicted of Driving While Intoxicated (DWI) and whose sentences have been stayed pending appeal.
This article provides a comprehensive overview of the bill, its potential impact, and how it compares to current New Jersey DUI laws.
What Does Bill A704 Propose? In simple terms, Bill A704 seeks to close what some perceive as a loophole in the current system. Currently, a driver convicted of DWI has the right to appeal their conviction.
If the court grants a stay of execution of the sentence pending appeal, the penalties, including license suspension, are temporarily put on hold.
This means a convicted DWI offender could potentially continue driving without restriction while their appeal is pending, even though a court has found them guilty of impaired driving. A704 proposes that, in such cases, the court *must
- order the installation of an ignition interlock device on any vehicle owned, leased, or regularly operated by the defendant. The IID would remain in place for the duration of the stay, effectively preventing the individual from operating a vehicle with a blood alcohol concentration (BAC) above the legal limit.
This measure is intended to enhance public safety by preventing repeat offenses during the appellate process.
The legislation does not specify a look-back period, therefore, it's assumed if passed, the bill would apply to all stayed DWI sentences pending appeal moving forward.
Potential Impact on Drivers The impact of Bill A704 on drivers convicted of DWI in New Jersey could be considerable. Here's a breakdown of the potential effects:
- Increased Costs: Installing and maintaining an IID comes with significant costs.
Drivers would be responsible for installation fees, monthly rental fees, and calibration costs.
These expenses can quickly add up, placing a financial burden on individuals, especially those already facing fines and other penalties associated with a DWI conviction.
- Inconvenience: IIDs require the driver to provide a breath sample before starting the vehicle and periodic rolling retests while driving.
This can be inconvenient and time-consuming, potentially causing delays and disrupting daily routines.
- Social Stigma: While IIDs are becoming more common, some drivers may feel stigmatized by having the device installed in their vehicle.
This can lead to embarrassment and social discomfort.
- Reduced Driving Privileges: Although the driver can still operate a vehicle, the IID effectively limits their ability to drive after consuming alcohol.
Even a small amount of alcohol could trigger the device and prevent the vehicle from starting, thus impacting the drivers ability to conduct their normal, daily activities.
- Deterrence: The most significant potential impact is a deterrent effect. By requiring IIDs during the appeal process, the bill aims to prevent convicted DWI offenders from driving under the influence and potentially causing accidents or injuries.
This could lead to a reduction in alcohol-related incidents and improved public safety.
- Appeal Strategy Considerations: The added expense and inconvenience of an IID might influence a driver's decision to appeal a DWI conviction.
Some may opt to accept the original sentence rather than incur the additional costs and hassle of an IID during the appeal process.
How Does A704 Compare to Current New Jersey DUI Laws? New Jersey already has strict DUI laws, with penalties that include license suspension, fines, imprisonment, and mandatory IID installation for certain offenses. However, current law generally doesn't mandate IIDs during the appeal process if the sentence is stayed. Here's a comparison:
It essentially bridges the gap where a convicted drunk driver may be able to continue driving unrestricted while their case is pending.
Why Was This Legislation Introduced? The sponsors of Bill A704 likely introduced the legislation to address concerns about public safety during the appeal process.
They may believe that allowing convicted DWI offenders to drive without restriction while their appeals are pending creates an unacceptable risk of repeat offenses and potential harm to others.
The bill reflects a broader trend towards stricter DUI laws and increased use of IIDs as a tool to prevent impaired driving.
Legislators are likely reacting to public pressure and aiming to demonstrate a commitment to road safety.
Anecdotal evidence of accidents caused by individuals driving on a stayed DWI sentence could also have influenced the introduction of the bill.
Practical Information for Affected Drivers If Bill A704 becomes law, here's what drivers facing a DWI conviction and considering an appeal should know:
- Consult with an Attorney: It's crucial to consult with an experienced New Jersey DUI attorney.
They can advise you on the potential implications of A704 for your case, assess the strength of your appeal, and help you make informed decisions.
- Understand the Costs: Factor in the cost of IID installation and maintenance when evaluating the feasibility of an appeal.
These expenses can significantly impact your decision-making process.
- Consider Alternatives: Explore all possible alternatives to an appeal, such as negotiating a plea agreement or seeking alternative sentencing options.
Your attorney can help you weigh these options and determine the best course of action.
- Prepare for IID Installation: If you decide to appeal and your sentence is stayed, be prepared to install an IID on your vehicle promptly. Research approved IID vendors in New Jersey and schedule an installation appointment.
- Comply with IID Requirements: Familiarize yourself with the requirements for operating a vehicle with an IID, including breath test procedures and reporting obligations.
Failure to comply with these requirements could result in penalties and further legal complications.
- Document Everything: Keep detailed records of all IID-related expenses, maintenance, and any issues you encounter.
This documentation can be helpful if you need to challenge the IID requirement or address any problems with the device.
Conclusion Bill A704 represents a significant proposed change to New Jersey's DUI laws. By requiring IIDs for drivers whose DWI sentences are stayed pending appeal, the bill aims to enhance public safety and prevent impaired driving during the appellate process.
While the legislation may face opposition due to concerns about cost and inconvenience, its potential impact on reducing alcohol-related incidents could be substantial. Drivers facing DWI charges in New Jersey should closely monitor the progress of Bill A704 and consult with an experienced attorney to understand their rights and options.
The bill is currently pending referral to the Assembly Public Safety and Preparedness Committee, and its future remains uncertain. DUI.Guide will continue to provide updates as this legislation progresses through the New Jersey legislature.
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