New Jersey Assembly Bill A1023

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Requires breath or blood test in motor vehicle accidents involving pedestrians.

Impact

If enacted, A1023 would amend existing law under R.S.39:4-50, thereby introducing stricter penalties for refusing to submit to breath or blood tests in pedestrian-related accidents. The same penalties applicable for refusal to test post-arrest for DUI offenses will apply here, which includes hefty fines and possible detention requirements. This alignment of penalties underscores the seriousness of driving under the influence, especially in incidents that potentially harm vulnerable road users such as pedestrians.

Summary

Assembly Bill A1023 introduces new provisions regarding the handling of motor vehicle accidents involving pedestrians. The legislation mandates that police officers obtain a breath or blood sample from the motor vehicle operator at the scene of such accidents. This aims to ensure immediate testing for alcohol or drug influence, enhancing safety for pedestrians and compliance with traffic laws. The bill also establishes that, by virtue of operating a vehicle, drivers are considered to have given implied consent for blood tests, which is an expansion of current practices that only include breath tests.

Contention

While the bill emphasizes the protection of public safety and accountability, it may face considerable opposition regarding the implications of implied consent. Critics are likely to argue that the mandatory testing may infringe on personal liberties and could be seen as an overreach of police authority. Moreover, the law may disproportionately affect specific demographics who are already vulnerable or marginalized, leading to calls for careful consideration of its fair application across diverse communities.