NJ Bill A752: Mandatory Blood Draws in Fatal Car Accidents

New Jersey Bill A752: Mandatory Blood Draws After Fatal Car Accidents – Understanding “Michelle Sous’ Law”

New Jersey Assembly Bill A752, formally known as “Michelle Sous’ Law,” is currently under consideration in the New Jersey legislature. Sponsored by Assemblyman Al Abdelaziz, this proposed legislation seeks to mandate blood samples from drivers involved in motor vehicle accidents resulting in a fatality.

This article breaks down the bill's provisions, analyzes its potential impacts on drivers, compares it to existing New Jersey DUI laws, and provides context on the motivation behind its introduction.

What A752 Proposes: A Closer Look

In essence, A752 would require law enforcement officers to obtain a blood sample from any driver involved in a motor vehicle accident that results in the death of another person.

This blood sample would then be analyzed for the presence of alcohol, controlled dangerous substances (CDS), and any other impairing substances. The key difference between current practice and the proposed law is the elimination of the need for probable cause, or a warrant, specifically in cases involving a fatality. Under current New Jersey law, law enforcement typically needs a warrant based on probable cause to compel a blood draw, unless the driver consents or exigent circumstances exist. A752 removes this requirement in cases where a death occurs.

This bill aims to address a perceived gap in the current legal framework, arguing that the immediate collection of blood evidence is crucial for preserving the integrity of DUI investigations in fatal accident cases.

Supporters believe that delays in obtaining blood samples, often due to the warrant process, can lead to the dissipation of alcohol or drugs in the driver’s system, potentially hindering prosecution for offenses like vehicular manslaughter or driving under the influence resulting in death.

Potential Impact on Drivers: Rights and Concerns

The passage of A752 could have significant implications for drivers involved in fatal car accidents in New Jersey.

Some of the most notable impacts include:

• Reduced Privacy: The most obvious impact is the potential erosion of privacy rights.

Under current law, drivers have a right to refuse a blood test without a warrant. A752 eliminates this right in fatal accident situations.

This raises concerns about potential overreach by law enforcement and the possibility of blood draws being conducted even when there is no initial suspicion of impairment.

• Increased Scrutiny: Drivers involved in fatal accidents will face increased scrutiny. The mandatory blood draw will subject them to immediate and thorough investigation, regardless of fault in the accident.
• Potential for Incrimination: Even if a driver is not at fault for the accident, the blood test could reveal the presence of alcohol or drugs, potentially leading to DUI charges or other legal repercussions, even if those substances did not contribute to the accident.
• Legal Challenges: It is highly likely that A752, if enacted, would face legal challenges based on Fourth Amendment grounds, which protect against unreasonable searches and seizures.

Opponents could argue that the mandatory blood draw without probable cause constitutes an unconstitutional intrusion on privacy.

• Emotional Distress: Being involved in a fatal accident is already a traumatizing experience. The mandatory blood draw could add to the emotional distress and psychological burden on the driver, regardless of fault.

A752 in Context: Current New Jersey DUI Laws

To fully understand the potential impact of A752, it’s important to compare it with the existing landscape of New Jersey DUI laws. Currently, New Jersey law requires probable cause and a warrant to compel a blood draw from a suspected drunk driver.

There are some exceptions, such as consent or exigent circumstances (e.g., imminent destruction of evidence), but generally, a warrant is required.

New Jersey's implied consent law states that by operating a motor vehicle on New Jersey roads, a driver has implicitly consented to breathalyzer tests when arrested for suspected DUI.

Refusal to submit to a breathalyzer test carries significant penalties, including license suspension, fines, and mandatory ignition interlock device installation. However, this implied consent currently doesn’t extend to blood draws without a warrant in the absence of a fatality.

A752 would create a significant exception to the warrant requirement in fatal accident cases. The proposed law would prioritize the collection of potentially crucial evidence in DUI-related vehicular fatalities, potentially leading to more successful prosecutions.

The Context Behind “Michelle Sous’ Law”

The impetus behind A752, named “Michelle Sous’ Law,” likely stems from specific cases where the perceived difficulty in obtaining timely blood evidence hampered DUI investigations.

While the official legislative record may not explicitly state the case inspiring the bill, such legislation is often introduced following a high-profile incident where the lack of immediate access to blood evidence was seen as a significant obstacle to justice. It is common for victim's families and advocacy groups to lobby for such legislation in order to prevent future tragedies.

Advocates for A752 argue that the current warrant process can be time-consuming, allowing alcohol or drugs to metabolize and potentially disappear from the driver’s system.

This can make it difficult to prove impairment beyond a reasonable doubt, potentially leading to reduced charges or even acquittals.

They believe that A752 would streamline the process, ensuring that crucial evidence is preserved and that those responsible for causing fatal accidents while impaired are held accountable.

Conversely, civil liberties groups and defense attorneys may argue that the bill infringes on fundamental rights and could lead to unjust accusations.

They may emphasize that the warrant process exists to protect individuals from unreasonable searches and seizures and that removing this safeguard could lead to abuse.

Practical Information for Affected Drivers

If A752 becomes law and you are involved in a motor vehicle accident in New Jersey that results in a fatality, it's crucial to understand your rights and take appropriate steps:

1. Remain Silent: Exercise your right to remain silent. Do not answer any questions from law enforcement without consulting with an attorney.

Anything you say can and will be used against you in court. 2. Request an Attorney: Immediately request to speak with an attorney. If you do not have an attorney, ask law enforcement to provide you with contact information for legal aid services. 3. Comply with the Blood Draw: While you may disagree with the law, resisting the blood draw could lead to additional charges.

Comply with the request but clearly state that you are doing so under protest and without waiving any of your rights. 4. Document Everything: As soon as possible, document everything you remember about the accident, including the time, location, weather conditions, and any interactions you had with law enforcement.

This information will be crucial for your attorney. 5. Seek Medical Attention: Even if you feel physically unharmed, seek medical attention after the accident. You may have internal injuries that are not immediately apparent. Furthermore, a medical examination can provide valuable documentation of your physical state at the time of the accident. 6. Contact Your Insurance Company: Notify your insurance company about the accident as soon as possible.

Cooperate with their investigation, but always consult with your attorney before providing any statements. 7. Preserve Evidence: If possible, preserve any evidence related to the accident, such as photographs of the scene, vehicle damage, and any other relevant information. Do not tamper with the evidence, but ensure it is protected. 8. Hire an Experienced DUI Attorney: The most crucial step is to hire an experienced DUI attorney who is familiar with New Jersey law and the specific nuances of cases involving fatal accidents. An attorney can protect your rights, guide you through the legal process, and advocate for the best possible outcome in your case.

Disclaimer: This article provides general information about New Jersey Assembly Bill A752 and should not be considered legal advice. If you are involved in a motor vehicle accident, it is essential to consult with an experienced attorney to discuss your specific situation and protect your rights.