New Jersey Assembly Bill A2408

New Jersey 2022-2023 Regular Session

• Introduced: 2/7/22
• Refer: 2/7/22

Caption

Requires blood sample to be obtained from driver involved in motor vehicle accident resulting in death; designated as "Michelle Sous' Law."

Impact

This law would amend existing statutes under R.S.39:4-50, expanding the circumstances under which a blood sample can be taken from drivers. In cases of fatal accidents, law enforcement will have the authority to obtain blood samples upon the issuance of a warrant. Failure to consent to the blood test will result in penalties equivalent to those for refusing a breath test, thereby reinforcing compliance with DUI laws. The bill is expected to significantly enhance the ability to enforce drug-related driving offenses and potentially deter impaired driving.

Summary

Assembly Bill A2408, also referred to as "Michelle Sous' Law," seeks to strengthen traffic safety measures in New Jersey. The bill mandates that blood samples must be obtained from any driver involved in a motor vehicle accident that results in the death of another person. This is an extension of the state's current implied consent law, which primarily covers breath tests for alcohol. The introduction of blood testing aims to assess whether the driver was under the influence of drugs at the time of the accident.

Contention

The proposed legislation has sparked discussions regarding the balance between public safety and individual rights. Critics may express concerns about the implications for personal privacy and the potential for misuse of the blood samples collected. However, supporters emphasize the need for stricter measures to prevent impaired driving, particularly in tragic cases of loss of life due to drug-related driving incidents. The successful enactment of this law is contingent upon navigating these social and legal discussions.