Interlock required even for out of state drivers with refusal to take br...

Interlock required even for out of state drivers with refusal to take breath test.

State v. Colson, N.J. Super. App. Div NOT APPROVED FOR PUBLICATION

Defendant appealed the order directing him to install an ignition interlock device. Defendant was charged with DWI, refusal to submit to breath testing and reckless driving. He pled guilty to refusal to submit to a breath test and the other charges were dismissed. He was sentenced to loss of driving privileges, installation of an ignition interlock device and to attend 12 hours at the Intoxicated Drivers Resource Center.

Municipal court judge rejected the defense argument that ignition interlock device installation did not apply to out-of-state drivers. Defendant appealed and trial judge imposed the same sentence as the municipal court judge. Defendant renewed his argument that the interlock device requirement did not apply to him because he was licensed in Pennsylvania.

He argued N.J.S.A 39:4-50(c) showed the legislature intended to differentiate between New Jersey drivers and out-of-state drivers and the ignition interlock requirement applied when a driver's license was suspended not when his driving privileges were revoked. Court was not persuaded and noted the plain language of the refusal statute did not exempt out-of-state drivers from the ignition interlock device requirement and punished "any person" who violated the statute.

Source Daily Briefing - 03/16/20 14-2-4053