New Jersey Impaired Driving Quick Guide: 3rd Ed.

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CURRENT EDITION 3rd Edition
AUTHOR John Pierotti Jr
ESTIMATED NEXT EDITION DATE April 30, 2025
LAST RELEASE DATE April 9, 2024
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New Jersey Impaired Driving Quick Guide: 3rd Ed.

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This quick guide covers the two Standardized Field Sobriety Tests (SFSTs) that every officer should is expected to use upon academy graduation as well as advanced tests for patrol officers testing drug-impaired drivers and tests for a Drug Recognition Expert Officer. Also include are highlights of key points that can be included in almost every impaired driving arrest report.

In today’s society, drivers are impaired by drugs as much as they are by alcohol. As more states turn to the legalization of marijuana, law enforcement officers have to recognize the signs of drug-impaired drivers as well as how to test these impaired drivers. This manual is intended for every level of police officer from the rookie patrol officer to the seasoned law enforcement executive. This manual will cover the two Standardized Field Sobriety Tests (SFSTs) that every officer should be using upon academy graduation. It will also cover advanced tests for patrol officers for testing drug-impaired drivers as well as tests for a Drug Recognition Expert Officer. Finally, it will cover key points of report writing that can be included in almost every impaired driving arrest report. It is intended that this manual serve as a reference when investigating impaired drivers that will help lead to successful convictions. Also included are applicable New Jersey drunk driving laws from Titles 39 and 2C, as well as a contact list for important New Jersey resources.

TABLE OF CONTENTS

  • PREFACE - XI

  • 1 INTRODUCTION TO IMPAIRED DRIVING - 1

    • 1.1 DWI, DUI and OUI—What’s the Difference - 1
    • 1.2 Alcohol Impairment - 1
    • 1.3 Marijuana Impairment - 2
      • 1.3.1 Chemical Tests vs. Divided Attention Tests - 3
    • 1.4 Standardized Field Sobriety Tests - 4
    • 1.5 Elements Needed for Conviction - 5
      • 1.5.1 Vehicle in Motion Phase - 5
      • 1.5.2 Personal Contact Phase - 5
      • 1.5.3 Field Sobriety Phase - 7
  • 2 HORIZONTAL GAZE NYSTAGMUS TEST - 9

    • 2.1 Horizontal Gaze Nystagmus - 9
    • 2.2 Vertical Gaze Nystagmus - 10
    • 2.3 Resting Nystagmus - 10
    • 2.4 Steps of the Horizontal Gaze Nystagmus Test - 10
      • 2.4.1 Start with the Left Eye - 11
      • 2.4.2 Instructional Stage Directions—Checklist - 11
      • 2.4.3 How to Test for Each Clue - 12
    • 2.5 Vertical Gaze Nystagmus Testing - 14
      • 2.5.1 Mechanics for Vertical Gaze Nystagmus Testing - 15
  • 3 THE WALK AND TURN TEST - 16

    • 3.1 Walk and Turn Test Procedure - 17
      • 3.1.1 Instructional Stage Directions—Checklist - 17
      • 3.1.2 Walking Stage Directions—Checklist - 17
    • 3.2 Test Interpretation—Clues of Walk and Turn Testing - 18
  • 4 ONE LEG STAND TEST - 20

    • 4.1 One Leg Stand Test Procedures - 21
      • 4.1.1 Instructional Stage Directions—Checklist - 21
      • 4.1.2 Administering the Test - 21
      • 4.1.3 Interpreting the Test—Checklist - 21
      • 4.1.4 Time is Critical - 22
  • 5 MODIFIED ROMBERG TEST - 24

    • 5.1 Procedure for the Modified Romberg Test—Checklist - 25
  • 6 DRUG INFLUENCE EVALUATION - 27

    • 6.1 Testing and Training - 27
      • 6.1.1 What is a Drug? - 28
      • 6.1.2 Drug Influence Evaluation - 28
      • 6.1.3 Drug Influence Evaluation Narrative - 32
  • 7 REPORT WRITING - 41

    • 7.1 The Report Outline - 41
      • 7.1.1 Initial Approach - 42
      • 7.1.2 Field Testing - 42
      • 7.1.3 Headquarters - 43
    • 7.2 Courtroom Testimony - 43
      • 7.2.1 Preparing for Court - 44
      • 7.2.2 Testifying - 45
    • 7.3 Conclusion - 46
  • 8 REFERENCES - 47

  • 9 APPLICABLE NEW JERSEY DRUNK DRIVING LAWS - 48

    • 9.1 Title 39—Traffic Laws - 48
    • 9.2 Title 2C Criminal Statutes - 57
  • 10 NEW JERSEY IMPORTANT RESOURCE CONTACT INFORMATION - 59

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