Legislation sponsored by Assembly Law and Public Safety Chairman Charles Mainor to increase the penalties for driving drunk with a minor as a passenger in the motor vehicle was released today by an Assembly panel.
“Driving drunk is irresponsible in any circumstance, but it’s even more offensive to do so with a child in the vehicle,” said Mainor (D-Hudson). “A disorderly persons offense is not enough for driving drunk with a minor. We need to send a stronger message that we find such dangerous behavior completely unacceptable.”
Under current law, a parent or guardian who is convicted of drunk driving is guilty of a disorderly persons offense if, at the time of the violation, the parent or guardian has a minor as a passenger in the motor vehicle. A disorderly persons offense is punishable by imprisonment of up to six months, a fine of up to $1,000, or both.
Under the bill, a parent or guardian who is convicted of drunk driving with a minor as a passenger would still be guilty of a disorderly persons offense, but the parent or guardian would be guilty of a crime of the fourth degree under the bill if the violation results in bodily injury to the minor. Fourth degree crimes are punishable by imprisonment of up to 18 months, a fine of up to $10,000, or both.
The parent or guardian would be guilty of a third degree crime under the bill if the violation results in serious bodily injury to the minor. Third degree crimes are punishable by imprisonment of three to five years, a fine of up to $15,000, or both.
The bill defines “bodily injury” as physical pain, illness or any impairment of physical condition, while “serious bodily injury” is defined as bodily injury that creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
“Parents or guardians have a responsibility to protect the children under their watch,” Mainor said. “It’s incredibly irresponsible to get behind the wheel while intoxicated. If they choose to operate a vehicle under the influence and their irresponsibility causes serious injury to the passenger, then they should be ready to face the consequences.”
The bill was released by the Assembly Law and Public Safety Committee chaired by Mainor. TLS.
This is a great opportunity to point out the stupidity of democrat politicians. In N.J if someone drives drunk its a disorderly, at most 6 months in prison. we all agree drunk driving endangers everyone’s lives, other drivers, pedestrians, and even people in their own home, and all these democrats can push themselves to pass is a disorderly. Now take in contrast a lawful responsible person who has a gun in his trunk with no malicious intent and no one was ever in danger he or she will get a 1st degree felony with 7 years in prison! there is only one answer, these democrats dont give a hoot about public safety they only care to keep their power and make it look like they are doing something.
This is such a stupid law what’s the difference if the minor is riding in the car or riding in the car that gets hit or playing on the sidewalk. The penaltys for driving drunk should be raised all accross the board
more democrats dragging their feet while claiming to be “hard on crime”.
so if im driving, and god forbid a juvenile family member is injured in my car while a drunk plows into my vehicle = thats not warrant enough of “increase the penalties”?? But if the dirtball drunk has a juvenile in HIS car, and HE crashes = thats now all of a sudden warrant of stiffer fines?
democrats dont even think things through, before they pen them down.