New Jersey Senate Bill S2553

New Jersey 2022-2023 Regular Session

• Introduced: 5/12/22
• Refer: 5/12/22

Caption

Requires driver to submit to evaluation by drug recognition expert when involved in motor vehicle accident resulting in death.

Impact

The bill could significantly impact traffic safety laws and procedures in New Jersey. By introducing mandatory evaluations for drug influence in fatal accidents, the legislation seeks to enhance the ability of law enforcement to assess and manage impaired driving. This could potentially lead to more thorough investigations in fatal accidents, thereby holding drivers accountable and promoting public safety. Under the provisions of S2553, the consequences for refusing such an evaluation would align with existing laws pertaining to breath test refusals, enforcing compliance through similar penalties.

Summary

Senate Bill S2553 is a legislative measure that amends the state's implied consent law to include mandatory evaluations by drug recognition experts for drivers involved in motor vehicle accidents resulting in death. Under the current law, drivers are already deemed to consent to breath tests for alcohol; S2553 extends this consent to drug evaluations in situations where fatalities occur as a result of such accidents. The bill aims to ensure that those operating vehicles under the influence of narcotics or other impairing substances are identified and appropriately handled by law enforcement.

Contention

While proponents of S2553 may view the changes as necessary for public safety and accountability, there may be points of contention regarding the implementation and efficacy of drug recognition evaluations. Some stakeholders could raise concerns about the qualifications and training of law enforcement officers as drug recognition experts, the potential for subjective interpretations of impairment, and how these evaluations might affect the rights of motorists. Additionally, there may be debates on whether such measures could lead to over-policing or infringe on individual freedoms, particularly among communities sensitive to law enforcement practices.