New Jersey Man Avoids Refusal Charges in NY DUI Stop

A Williamstown, New Jersey, driver is facing drunk driving charges in New York after a traffic stop in Tappan, NY. According to media reports of the incident, Justin Abraham, 27, was arrested on a Saturday afternoon after being stopped by police on Route 303.

Police noticed the man had watery, bloodshot eyes and that he smelled of alcohol. Field sobriety tests were ordered, which he failed, and when police attempted to obtain a breath sample for testing, he “failed to provide a sufficient measurable sample after numerous attempts.”

In New Jersey, failure to provide an adequate breath sample during sobriety tests can result in both a DWI charge and a charge for Refusal. Refusal is charged under the implied consent laws governing the issuance of driver’s licenses. Essentially, to obtain a license to operate a motor vehicle in New Jersey, the recipient is consenting to cooperate with investigations into suspected drunk driving.

When police ask for a breath sample as part of that investigation, they will not attempt to force you to comply, but if you don’t cooperate in good faith, you can be charged with Refusal on top of the DWI charge in New Jersey. Both carry significant penalties, including loss of license and steep fines.

Because the incident happened in New York, it appears that this New Jersey driver avoided a Refusal charge, but because of the interstate compact that New Jersey and New York are both parties to, a conviction in New York will result in DWI consequences here.

Getting experienced legal help is the best way to avoid the worst consequences of a DWI or Refusal charge in New Jersey. Matthew Reisig has helped more than 1,040 drivers avoid conviction on DWI and related charges. Call 732-625-9660 today to talk to a DWI defense lawyer for free.

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