TREATMENT OF PERSONS ARRESTED FOR VIOLATION OF N.J.S.A. 39:4-50, 39:3-10, 12:7-34.19 OR 12:7-46 WHO SEEK TO EXERCISE THEIR RIGHTS TO INDEPENDENT TESTING UNDER N.J.S.A. 39:4-50.2(c), 39:3-10.24c or 12:7-55c POLICY
It is the policy of the Middlesex County College Police Department to give every D.W.I. defendant a Reasonable opportunity to exercise his/her right to have independent tests performed of his/her breath, urine, or blood.
I. PROCEDURE WHEN INDEPENDENT TESTS ARE REQUESTED
Upon completion of all arrest procedures and at the request of the defendant, the defendant shall be permitted reasonable access to a telephone for the purpose of effectuating the defendant’s right to have a person or physician of their own selection and at their expense, take independent samples and conduct independent chemical tests of the defendant’s breath, urine, or blood (independent testing).
II. RELEASE FROM CUSTODY (ADULT)
Release of a defendant from custody will be permitted only after all arrest procedures have been completed and one or both of the following criteria have been satisfied:
(1) The appearance of a responsible escort who is willing to and does assume responsibility for the defendant’s safety. Release to a responsible escort does not include release to a taxi or other form of transportation (public or private) hired on a single trip basis. Release under these conditions must be to a person who will and does assume full responsibility for the continuing safety of the defendant; or
(2) The defendant’s blood alcohol level has decreased to a level below 0.08% and the defendant no longer shows visible signs of intoxication or other impairments. Under these circumstances, the defendant maybe released to a taxi or other form of transportation (public or private). Under no circumstances shall a defendant be permitted to drive unless his/her blood alcohol level has decreased to a level below 0.05% (below 0.04% for commerical motor vehicle drivers and below 0.01% for persons under the age of 21), and he/she no longer shows visible signs of intoxication or other impairment that would preclude safe driving. A portable breath tester (PBT) may be used for determining whether a defendant maybe released under this criteria.
III. RELEASE FROM CUSTODY (JUVENILLE)
A defendant under the age of 18 shall be released only to a parent, relative (at least 18 years old), or other responsible guardian (at least 18 years old), who can and does assume responsibility for the continuing safety of the defendant. Release of persons under the age of 18 shall be done in strict accordance with this department’s policies regarding the release of juveniles from custody.
IV. RESPONSIBILITY OF DEFENDANT, HOSPITAL/MEDICAL FACILITY
(1) Arrangements for the conducting of independent testing shall be the responsibility of the defendant or his or her escort. If requested by the defendant, his or her escort, or medical personnel, the police shall not be the requesting authority for the taking of samples for the purposes of the defendant exercising his or her right for independent testing.
(2) Should the defendant, his/her escort, or someone representing a hospital or medical facility, contact the police department requesting authorization or police permission to conduct independent testing, that person should be put in contact with the supervisor on duty. The supervisor shall inform the caller that the police have already concluded their investigation and any decision concerning the drawing and/or testing of samples of bodily fluids (blood, breath, or urine) is one that can only be determined between the defendant and the hospital or medical facility. The supervisor shall make it absolutely clear that the police, following their established policy, cannot authorize or decline to authorize independent testing of a defendant.
V. TRANSPORTATION
The police will not assume or undertake any responsibility to transport the defendant to obtain independent testing.
