N.J. Admin. Code § 13:75-2.2

Current through Register Vol. 56, No. 9, May 6, 2024

Section 13:75-2.2 - Impact of intoxication on eligibility

(a) No compensation shall be awarded to any passenger in a motor vehicle, vessel, or commercial vehicle who knew or reasonably should have known that the driver was operating the vehicle or vessel while intoxicated or under the influence of alcohol or drugs.

1. "Under the influence" as used in this section means the substantial deterioration or diminution of mental faculties or physical capabilities of a person whether due to intoxicating liquor, narcotics, hallucinogenic, or habit-producing drugs, and/or other substance that leads to the substantial deterioration or diminution of mental faculties or physical capabilities of a person.

(b) A victim may be eligible for compensation even though the offender is not convicted of a violation under 39:4-50, 39:3-10.1 3, or 12:7-46, or a blood alcohol test was not administered to the offender. However, the victim or claimant must demonstrate by a preponderance of the credible evidence that the incident involved driving a vehicle or operating a vessel while under the influence of alcohol or drugs.

(c) In any matter involving a violation of 39:4-50, 12:7-46, or 39:3-10.1 3, the following factors will be taken into account:

1. A blood alcohol reading of 0.08 percent is prima facie evidence of a violation of 39:4-50 or 12:7-46;

2. A blood alcohol reading in excess of 0.05 percent but less than 0.08 percent will not give rise to a presumption that the offender was or was not under the influence of intoxicating liquor, but such fact may be considered with any other competent evidence;

3. A blood alcohol reading of 0.05 percent or less may give rise to the presumption that the offender was not under the influence of intoxicating liquor; and

4. A blood alcohol reading of 0.04 percent is prima facie evidence of a violation of 39:3-10.1 3, operating a commercial vehicle while under the influence.

N.J. Admin. Code § 13:75-2.2