F the police. Seriously

[Avatar of Wine]

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NJ police ( and I am assuming most police ) cannot just impound your vehicle. They have to have sufficient reason for the impound, or the lawsuit is a pleasent paycheck for the inconvienience.

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Not to defend the tale's veracity, but in many states, being charged with DUI automatically includes impounding the vehicle.

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They can't write a DUI if your friend blew under the limit; instead he was probably given a Careless Driving ticket -- they CAN and DO hand these out often when the pull someone over that they think has been drinking.

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Actually, I'm pretty sure that the 'legal limit' for intoxication is a sufficient, but not necessary, condition - check your local laws, but I think that if proof exists that the person was still a danger, then DUI can be assigned even if the BAC was below the 'legal limit'. Depending on your area, I may be completely wrong - I don't have access to an updated Code of New Jersey at my desk.

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Why? well they likely pulled your friend over because he was failing to stay in the lane, or otherwise driving erraticly and the CD ticket is the fall back if they blow under the limit and they can't provide evidence of other "influences" ( drugs etc ).

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Most police departments are perfectly able to test for 'other influences' without much difficulty, so this doesn't hold much water, to my mind.