New Jersey § 12:7-55
Full text of New Jersey New Jersey Statutes § 12:7-55, with citation guidance and answers to common questions.
§ 12:7-55.
a. (1) A person who operates a power vessel or a vessel which is 12 feet or greater
in length on the waters of this State shall be deemed to have given his consent to
the taking of samples of his breath for the purpose of making chemical tests to determine
the content of alcohol in his blood, except that the taking of samples shall be made
in accordance with the provisions of P.L.1986, c. 39 and at the request of a member of the State Police or a law enforcement officer who has reasonable grounds to believe that the person
has been operating a vessel in violation of the provisions of section 3 of P.L.1952,
c. 157 ( C.12:7-46 ). (2) Whenever an operator has been involved in an accident resulting in death, bodily
injury or property damage, an officer shall consider that fact along with all other
facts and circumstances in determining under paragraph (1) of this subsection whether
there are reasonable grounds to believe a person is operating a vessel in violation
of the provisions of section 3 of P.L.1952, c. 157 ( C.12:7-46 ). b. A record of the taking of the sample, disclosing the date and time thereof, as
well as the result of any chemical test, shall be made and a copy shall be furnished
or made available to the person so tested, upon his request. c. In addition to the samples taken and tests made at the direction of a member of the State Police or a law enforcement officer, the person tested shall be permitted to have samples
taken and chemical tests of his breath, urine or blood made by a person or physician
of his own selection. d. A member of the State Police or a law enforcement officer shall inform the person tested of his rights under subsections
b. and c. of this section. e. No chemical test, as provided in this section, or specimen necessary for a test,
may be made or taken forcibly and against physical resistance thereto by the defendant. A member of the State Police or a law enforcement officer shall, however, inform the person arrested of the consequences
of refusing to submit to the test, in accordance with section 9 of P.L.1986, c. 39
( C.12:7-57 ). A standard statement, prepared by the Chief Administrator of the New Jersey Motor Vehicle Commission shall be read by a member of the State Police or a law enforcement officer to the person under arrest.
Frequently Asked Questions About New Jersey § 12:7-55
What does New Jersey Statutes § 12:7-55 cover?
Section 12:7-55 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Jersey § 12:7-55?
A common citation format is "New Jersey Statutes § 12:7-55" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 12:7-55 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.