§ 39:4-50.2 Consent to taking samples of breath; record of test; independent test; prohibition of use of force; informing accused
39:4-50.2. Consent to taking samples of breath; record of test; independent test; prohibition of use of force; informing accused
(a) Any person who operates a motor vehicle on any public road, street or highway or quasi-public area in this State shall be deemed to have given his consent to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood; provided, however, that the taking of samples is made in accordance with the provisions of this act and at the request of a police officer who has reasonable grounds to believe that such person has been operating a motor vehicle in violation of the provisions of R.S.39:4-50or section 1 of P.L.1992, c. 189 (C.39:4-50.14).
(b) A record of the taking of any such sample, disclosing the date and time thereof, as well as the result of any chemical test, shall be made and a copy thereof, upon his request, shall be furnished or made available to the person so tested.
(c) In addition to the samples taken and tests made at the direction of a police officer hereunder, the person tested shall be permitted to have such samples taken and chemical tests of his breath, urine or blood made by a person or physician of his own selection.
(d) The police officer shall inform the person tested of his rights under subsections (b) and (c) of this section.
(e) No chemical test, as provided in this section, or specimen necessary thereto, may be made or taken forcibly and against physical resistance thereto by the defendant. The police officer shall, however, inform the person arrested of the consequences of refusing to submit to such test in accordance with section 2 of this amendatory and supplementary act. [FN1] A standard statement, prepared by the chief administrator, shall be read by the police officer to the person under arrest.
[FN1] N.J.S.A. § 39:4-50.4a.
REORGANIZATION PLAN NO. 003-2009
NOTICE OF A PLAN FOR THE REORGANIZATION
TO TRANSFER RESPONSIBILITY FOR THE PROMULGATION OF STANDARD
STATEMENTS REGARDING IMPLIED CONSENT TO CHEMICAL BREATH TEST STATUTES
FROM THE CHIEF ADMINISTRATOR OF
THE MOTOR VEHICLE COMMISSION TO THE ATTORNEY GENERAL
PLEASE TAKE NOTICE that on June 25, 2009, Governor Jon S. Corzine hereby issues the following Reorganization Plan No. 003-2009 to transfer the responsibility for the promulgation of standard statements regarding implied consent to
chemical breath test statutes from the Chief Administrator of the Motor Vehicle Commission to the Attorney General.
GENERAL STATEMENT OF PURPOSE
The State's driving while intoxicated and implied consent laws require that police officers read to all persons arrested for
driving while intoxicated, operating a commercial motor vehicle while intoxicated and operating a vessel while intoxicated
a standard statement before administering a chemical breath test in order to inform the person arrested of the consequences of refusing to submit to such a test. P.L. 1966, c.42 (C.39:4-50.2); P.L. 1990, c.103 (C.39:3-10.24); P.L. 1986, c.39(C.12:7-55). Current law also requires that the standard statements regarding these offenses be prepared by the Chief Administrator of the Motor Vehicle Commission (formerly the Director of the Division of Motor Vehicles).
The requirement that the Chief Administrator prepare the standard statements dates back to 1977 when the then Division of Motor Vehicles was a division within the Department of Law and Public Safety and operations of the Division, including the promulgation of the standard statements, were under the direction of the Attorney General who heads the Department of Law and Public Safety and is the chief law enforcement officer of the State. Since that time, the Division of Motor Vehicles was transferred to the Department of Transportation and then established as an independent Commission. The Chief Administrator has consulted with the Attorney General regarding preparation of the standard statements. Once the Chief Administrator approves a standard statement, the Division of Criminal Justice in the Department of Law and Public Safety distributes the statement to all law enforcement agencies throughout the State.
The Attorney General as the chief law enforcement officer of the State provides guidance on the enforcement of law. The
Legislature recognized this function with regard to enforcing the driving while intoxicated and refusal statutes in P.L.2004,
c.8, which required the Attorney General to promulgate guidelines to promote the uniform enforcement of the driving while
intoxicated and refusal statutes. Transfer of the responsibility for the preparation of the standard statements regarding refusal to submit to a chemical breath test will consolidate the preparation of guidance regarding driving while intoxicated and implied consent laws.
In order to more efficiently provide for the preparation of the standard statements, this Reorganization Plan (Plan) provides for the transfer of responsibility for the preparation of the standard statements to the Attorney General.
NOW THEREFORE, in accordance with the provisions of the "Executive Reorganization Act of 1969," P.L. 1969, c.203
(C.52:14C-1 et seq.), I find with respect to the reorganization and transfers included in the Plan that each aspect is necessary to accomplish the purposes set forth in Section 2 of that Act and will do the following:
1. Promote more effective management of the Executive Branch and of its agencies by grouping law enforcement functions within one department;
2. Promote better and more efficient execution of the laws and expeditious administration of the public business by
consolidating and integrating within one department similar regulatory functions, particularly the provision of guidance to
law enforcement regarding driving while intoxicated and implied consent laws;
3. Group and coordinate these functions in a more consistent and practical way;
4. Reduce expenditures and promote economy to the fullest extent consistent with the efficient operations of the Executive Branch;
5. Increase efficiency of the operations of the Executive Branch to the fullest extent practicable; and
6. Eliminate duplication of efforts by consolidating certain functions which will result in savings to the State.
PROVISIONS OF THE REORGANIZATION PLAN
THEREFORE, I hereby order the following reorganization:
1. The functions, powers and duties relating to the preparation of the standard statements regarding the consequences of refusal to submit to chemical breath test prepared pursuant to section 2 of P.L. 1966, c.42 (C.39:4-50.2); section 16 of P.L. 1990, c.103 (C.39:3-10.24); P.L. 1986, c.39 (C.12:7-55); and section 9 of P.L. 1986, c.39 (C.12:7-55) are continued and are transferred to the Attorney General.
2. Whenever in section 2 of P.L. 1966, c.42 (C.39:4-50.2); section 16 of P.L. 1990, c.103 (C.39:3-10.24); and section 9 of P.L. 1986, c.39 (C.12:7-55) or in any law, rule, regulation, order, contract document, judicial or administrative proceeding or otherwise reference is made to the Chief Administrator of the Motor Vehicle Commission or the Motor Vehicle Commission or a standard statement prepared pursuant thereto, the same shall mean and refer to the Attorney General or the standard statement prepared by the Attorney General a pursuant to this Plan, as the case may be.
3. The standard statements promulgated by the Chief Administrator of the Motor Vehicle Commission pursuant to section 2 of P.L. 1966, c.42 (C.39:4-50.2); section 16 of P.L. 1990, c.103 (C.39:3-10.24); P.L. 1986, c.39 (C.12:7-55); and section 9 of P.L. 1986, c.39 (C.12:7-55) shall remain in effect as if promulgated by the Attorney General until such time as they may be amended or reissued by the Attorney General. Whenever reference in a standard statement is made to the Chief Administrator of the Motor Vehicle Commission or the Motor Vehicle Commission, the same shall mean and refer to the Attorney General.
GENERAL PROVISIONS
1. All acts and parts of acts inconsistent with any of the provisions of this Reorganization Plan are superseded to the extent of such inconsistencies.
2. Unless otherwise specified in this Reorganization Plan, all transfers directed by this Reorganization Plan shall be effected pursuant to the State Agency Transfer Act, P.L. 1971, c.375 (C.52:14D-1 et seq.).
3. If any provisions of this Reorganization Plan or the application thereto to any persons, or circumstances, or the exercise of any power or authority hereunder is held invalid or contrary to law, such holding shall not affect other provisions or applications of the Plan, which can be given effect without the invalid provisions or applications, or affect other exercises
of power or authority under said provisions not contrary to law. To this end, the provisions of this Reorganization Plan are declared to be severable. A copy of this Reorganization Plan was filed on June 25, 2009, with the Secretary of State and the Office of Administrative Law for publication in the New Jersey Register. This Plan shall become effective in 60 days, on August 24, 2009, unless disapproved by each House of the Legislature by passage of a Concurrent Resolution stating in substance that the Legislature does not favor this Reorganization Plan, or at a later date should the Governor establish such a later date for the effective date of the Plan, or any part thereof, by Executive Order.
PLEASE TAKE NOTICE that this Reorganization Plan, if not disapproved, has the force and effect of law and will be
printed and published in the annual edition of the Public Laws and in the New Jersey Register under a heading of "Reorganization Plans."
41 N.J.R. 2825(a)