The Essentials of John’s Law
John’s Law is New Jersey’s statutory enactment of the common law "Dangerous Condition" doctrine. The long-standing common law rule requires a plaintiff to prove that a condition was created by the act of an employee, or that it was a result of negligence on the part of the governmental entity in failing to correct a hazardous condition. N.J.S.A. 59:4-2 changes this longstanding rule by allowing a plaintiff to recover damages without having to prove negligence in a claim against the state or a local government for damages caused by a natural accumulation of snow, ice or ponding of water. This statute was enacted as of January 19, 2016 and is named after the victim of the tragic death that resulted from a deep puddle on the Route 3 underpass bridge in Secaucus , New Jersey in 2013.
John Feola, Jr. was killed after his motorcycle lost traction and crashed as a result of his motorcycle skidding out on a pooled area of water and ice. His parents brought a claim against the New Jersey Department of Transportation, the sustainer of Route 3, for the hazardous condition of the underpass. John’s Law now establishes liability against a governmental entity. However, John’s Law is not limited to Route 3. Other locations under state control all over New Jersey are now susceptible to liability under John’s Law if either an inspection of the area would have revealed the risk or the deficient condition was not the result of policies implemented by the governmental agency (e.g., not acting under legal authority).
John’s Law Provisions
John’s Law encompasses several key provisions that dictate how ignition interlock devices (IIDs) are enforced in New Jersey. According to N.J.S.A. 39:4-50.18: A person who, subsequent to an offense under this chapter, was ordered to install an ignition interlock device pursuant to paragraph (1) or (2) of subsection b. of N.J.S. 39:4-50.15c shall not operate a motor vehicle unless the vehicle is equipped with an ignition interlock device installed pursuant to that order, except that the person may operate the vehicle without the ignition interlock device if it is utterly impossible to operate the vehicle with it, due to the safety design of the vehicle.
Subsection (a) of this section details specific circumstances in which the DUI offender is prohibited from driving at all, even if their vehicle is equipped with an ignition interlock device. This applies when they are:
In other words, if you are not explicitly authorized to operate a vehicle by one of the above, you cannot do so, even with an IID.
The rest of N.J.S.A. 39:4-50.18 is devoted to matters of enforcement and penalties. Subsection (b) establishes a 5-year period from the date of installation for the IID in which the offender is required to keep and maintain the device, which is removable only in case of car destruction, serious medical issues, or affirmative waiver by the court.
If the driver violates the terms of installation by operating another vehicle without IID installation or tampering with the device in any way, the punishment is described on subsection (d): A person who has been ordered to install an ignition interlock device in a motor vehicle pursuant to this section for a period of time shall have that period of time extended an additional six months or the original period of time, whichever is longer. In addition, a violation of this section is punishable by a fine of not less than $500 or imprisonment of not less than 30 days, or both.
This means that any time the offender uses, permits, or causes another person to use, their vehicle without the IID installed, or uses someone else’s car without an IID, the crime is punishable by a 6-month extension of the sentencing period and a fine of $500 or 30 days in jail.
Impact on Drunk Driving Incidents
John’s Law has played a significant role in reducing drunk driving incidents across New Jersey. Since its inception, the state has experienced a marked decline in alcohol-related road fatalities. According to the New Jersey Division of Highway Traffic Safety, the percentage of traffic fatalities attributed to alcohol has decreased from 39 percent in 2001, the year before the law was enacted, to 27 percent in 2019. Additionally, the New Jersey State Police has reported that DUI arrests have dropped by over 30,000 since the law was passed. A 2017 study by the National Highway Traffic Safety Administration estimated that ignition interlocks are effective at reducing recidivism among convicted drunk drivers by an average of 67 percent. This impressive statistic suggests that the implementation of John’s Law, with its emphasis on ignition interlock devices, has had a positive impact on public safety. However, there is still work to be done, as recent data from the New Jersey Division of Highway Traffic Safety indicates that alcohol remains a factor in one-third of all traffic fatalities in the state. John’s Law has not only reduced incidents of drunk driving but has also placed a greater emphasis on education and public awareness. Since the law took effect, there has been a significant increase in anti-drunk driving campaigns across the state. This has helped to bring attention to the dangers of drunk driving and has fostered conversations around the personal and legal consequences of such behavior.
John’s Law in Action
The legal process under John’s Law is similar to the basic mechanics of how the judicial system deals with any other DUI offense, with some specific differences that are detailed in John’s Law. The main thing that separates the John’s Law process is that it is sometimes not even necessary for a suspect to be intoxicated or impaired when they are arrested and charged under its terms. If you have an open container of alcohol or an open package of drugs in the vehicle with a person under age 21 in the car with it, even if they are sober, you can be charged under John’s Law. You simply cannot have an underage person in possession of alcohol in your vehicle, regardless of their sobriety.
After the arrest, charges related to John’s Law will be detailed on the complaint and summons document that will accompany your arrest. Those charges will also be accompanied by points which will be assessed to your motor vehicle record (MVR). DUI cases including John’s Law can be resolved prior to trial in two ways: the state of New Jersey can offer a plea bargain or they can engage in plea negotiations with your attorney. A plea bargain becomes an option when the state lacks sufficient evidence to prove that you were operating the vehicle or that you were under the influence. If they cannot prove that you were operating the vehicle, certain charges can be downgraded or even thrown out entirely. If the DUI is downgraded to something not as serious, then the state may be more willing to negotiate a plea bargain with your attorney.
Your potential penalties will vary based on the facts of your specific situation, but the minimum for a first offense under John’s Law will be a DUI charge. The maximum will be that you will face four license penalties: you might lose your license for at least 7 months. You also face a fine of up to $1,000 and possibly up to 30 days in jail. You could also face 12-48 hours of IDRC time.
Contentious Aspects and Debate
John’s Law, while a comprehensive piece of legislation, has not been devoid of controversies and public dispersions. In 2011, allegations surfaced that Senator Paul Sarlo, the lead sponsor of the bill in the New Jersey Senate, received $250,000 in contributions on behalf of Greater Media Outdoor for signing off on the bill. As it turned out, the contributions came not from Greater Media Outdoor itself, but from people associated with the company which Sarlo apparently had no way of knowing. Still uncomfortably, some members of the public continue to associate John’s Law with bribery. In 2014 , the law itself has come under fire. Specifically, many New Jersey motor vehicle drivers, including those who are well-versed about the merits of John’s Law, believed the statute penalized them for fulfilling their obligations as responsible citizens. This prompted the New Jersey legislature to narrow the law’s application. As amended, the law now states that a driver who "knowingly fails or refuses to provide information or give reasonable assistance" commits a disorderly persons offense, as opposed to inferring that an affirmative act of driving away constitutes a violation in and of itself.
Effects Of John’s Law on Drivers
Like the majority of states, New Jersey has adopted John’s Law, which requires drivers to "move over" when approaching disabled vehicles despite the number of lanes being traveled. In other words, when motorists see a disabled vehicle with flashing lights on the shoulder of the road, they are obliged not only to move over a lane to create a safe distance but also to reduce their speed. This law helps to protect those who have experienced car trouble, as well as police, firefighters, EMTs and other officials who are responding to the incident. The law holds any driver who fails to follow the required protocol liable.
So what should be expected after orchestrating a move-over? For starters, the driver should be aware that a fine can reach upwards of $1,100 for a first-time offender and approximately $5,000 should a motorist be found in violation for a second or third time. Each violation could prove costly while also being a contributing factor in a larger effort to lower the number of highway accidents and fatalities. And with an alarming statistic that one in five deaths occur as the result of a traffic casualty in which a vehicle collided with a parked emergency car, it makes sense why John’s Law has had a big impact on the state and beyond.
Drivers must know that any violation of this statute would garner points on their license as well as hefty fines and other penalties. The law essentially provides for passenger cars and trucks to abide by the same protocol as large, commercial vehicles with regard to distance and speed. Failure to comply could mean hefty fines, points on your license, and even contributing to an already harrowing statistic: the death of more than 50 people every year in roadside accidents in Jersey alone. As the statistics don’t lie, John’s Law is here to stay.
What is John’s Law in Other States
John’s Law is a significant piece of legislation within New Jersey and serves as an example for other states to follow. While the law is unique in its strict penalties for those involved in a fatal DUI accident, similar laws exist in other states. For instance, North Carolina has a law that increases penalties for repeat offenders within 7 years of a DUI conviction.
Other states have a penalty enhancement similar to John’s Law, but only if a person has multiple DUI convictions. Colorado and Michigan charge any person convicted of a DUI with a felony if they’ve been convicted of 3 DUIs in a given number of years. Many other states also charge people with a third DUI as a felony; however, very few other states have DUI laws that address the death of a person as part of a DUI accident like New Jersey does . Besides New Jersey, I could only find one other state, Montana, that has a statute that mandates a mandatory minimum sentencing of a felony for an accident DUI, that resulted in the death of a person.
New Jersey’s DUI laws are relatively unique in comparison to other states. Our stricter laws have made New Jersey relatively unique in the area of accident bar rules as opposed to the majority of other states. While most of our neighboring states do have accident bar rules that enhance the fine range and license suspension under their DUI laws, they do not have mandatory minimum sentencing enhancements under their DUI laws that is comparable to New Jersey’s John’s law.