New Jersey Supreme Court rendered an opinion – regarding blood alcohol content and blood extraction.
The New Jersey Supreme Court has recently rendered an opinion on May 4, 2015, in the case of State v. Adkins. The New Jersey Supreme Court decided the application of the United States Supreme Court case ofMissouri v. McNeely, 133 S.Ct. 1552, 185 L.Ed 2d 696 (2013), to a case involving the extraction of blood for purposes of determining the blood alcohol content of an individual charged with Driving Under the Influence in violation of N.J.S.A. 39:4-50, while McNeely was pending.
The New Jersey Supreme Court found that cases in the pipeline while McNeely was being decided, must have the pronouncement on the Fourth Amendment requirements applied retroactively as set forth by the United States Supreme Court in McNeely.