OFFICE OF THE ATTORNEY GENERAL
DEPARTMENT OF LAW AND PUBLIC SAFETY
DIVISION OF CRIMINAL JUSTICE
PO BOX 085
TRENTON, NJ 08625-0085
TELEPHONE: (609) 984-6500
PETER C. HARVEY
Attorney General
VAUGHN L. MCKOY
Director
M E M O R A N D U M
TO: ALL COUNTY PROSECUTORS
SUPERINTENDENT, DIVISION OF STATE POLICE
ALL LAW ENFORCEMENT CHIEF EXECUTIVES
FROM: PETER C. HARVEY, ATTORNEY GENERAL
DATE: February 20, 2004
SUBJECT: ATTORNEY GENERAL LAW ENFORCEMENT DIRECTIVE NO. 2004-1:
REPLACING ATTORNEY GENERAL LAW ENFORCEMENT
DIRECTIVE NO. 2001-5
John’s Law, P.L. 2001, c. 69, N.J.S.A. 39:4-50.22 & 39:4-50.23
POTENTIAL LIABILITY WARNING FORM - RELEASE OF DWI ARRESTEE
& 12 HOUR IMPOUNDMENT OF THE VEHICLE OF A DWI ARRESTEE
Please take notice that Attorney General Law Enforcement Directive No. 2001-5, is hereby
replaced by Attorney General Law Enforcement Directive No. 2004-1, as more fully discussed
below.
On July 31, 2001, Acting Attorney General Paul Zoubek issued Attorney General Law
Enforcement Directive No. 2001-5. That Directive informed all law enforcement agencies and
prosecutors of the implementation of P.L. 2001, c. 69, N.J.S.A. 39:4-50.22 & 39:4-50.23, “John’s
Law,” requiring the use of a “Potential Liability Warning” Form for the release of a DWI Arrestee
and a Minimum 12 Hour Impoundment of the Vehicle of a DWI Arrestee.
A recent amendment to N.J.S.A. 39:4-50, (Laws 2003, chapter 314, §1) established a new
lower per se blood alcohol limit of 0.08% or more. That amendment has required the revision
Attorney General Law Enforcement Directive No. 2004-1 Page 2
1 On January 22, 2004, under separate cover, a revised Standard Refusal Statement to be
read to operators of a motor vehicle (N.J.S.A. 39:4-50.2(e)) was sent to the Superintendent of the
State Police and All Law Enforcement Chief Executives.
2 The original POTENTIAL LIABILITY WARNING - N.J.S.A. 39:4-50.22 form was
prepared in an American English version, and in an official Spanish translation from the
American English version. Both versions have been modified under this DIRECTIVE.
and/or modification of various forms utilized in DWI enforcement.1 The amendment to N.J.S.A.
39:4-50 was effective immediately upon its adoption, noon, Tuesday, January 20, 2004. Laws
2003, chapter 314, §4.
Following a review of the amendatory language of Laws 2003, chapter 314, it has been
determined that a revision of the Potential Liability Warning - N.J.S.A. 39:4-50.22 Form used for
the release of a DWI Arrestee is required. Correspondingly, Attorney General Law Enforcement
Directive No. 2001-5 and the Appendices A & B to that Law Enforcement Directive are being
replaced with Attorney General Law Enforcement Directive No. 2004-1.
THEREFORE, I, PETER C. HARVEY, Attorney General of the State of New Jersey, by
virtue of the authority vested in me by the Constitution of the State of New Jersey and the
Criminal Justice Act of 1970, N.J.S.A. 52:17B-97 et seq., and pursuant to the provisions of P.L.
2001, c. 69, §1, hereby DIRECT that Attorney General Law Enforcement Directive No. 2001-5
and the Appendices A & B to that Law Enforcement Directive, are replaced as follows:
1. Under the provisions of P.L. 2001, c. 69, §1, N.J.S.A. 39:4-50.22, (John’s Law)
the content and form of the written statement and acknowledgment of receipt of
the written statement of potential criminal and civil liability for permitting or
facilitating the arrestee's operation of a motor vehicle while the arrestee remains
intoxicated, [hereafter referred to as the POTENTIAL LIABILITY WARNING -
N.J.S.A. 39:4-50.22 (Rev. 2-20-2004) Form], is established pursuant to this
DIRECTIVE.2
2. The POTENTIAL LIABILITY WARNING - N.J.S.A. 39:4-50.22 (Rev. 2-20-
2004) Form shall be used by all law enforcement agencies in, and of, this State,
and replaces the form distributed under Attorney General Law Enforcement
Directive No. 2001-5. The POTENTIAL LIABILITY WARNING - N.J.S.A.
39:4-50.22 (Rev. 2-20-2004) Form is contained in Appendix A, attached to this
DIRECTIVE.
3. All previous versions of the POTENTIAL LIABILITY WARNING - N.J.S.A.
39:4-50.22 Forms are to be discarded.
Attorney General Law Enforcement Directive No. 2004-1 Page 3
4. Under the provisions of P.L. 2001, c. 69, §1, N.J.S.A. 39:4-50.22, (John’s Law),
Guidelines for the use of the POTENTIAL LIABILITY WARNING - N.J.S.A.
39:4-50.22 (Rev. 2-20-2004) Form, are established pursuant to this DIRECTIVE.
The Guidelines are contained in Appendix A, attached to this DIRECTIVE.
These Guidelines shall be used by all law enforcement agencies in, and of, this
State.
5. Under the provisions of P.L. 2001, c. 69, §1, N.J.S.A. 39:4-50.22, (John’s Law),
Guidelines for the implementation of N.J.S.A. 39:4-50.23, Requiring the
Mandatory 12-hour Impoundment of the Motor Vehicle Operated by a Person
Arrested for a Violation of N.J.S.A. 39:4-50 (DWI) and/or N.J.S.A. 39:4-50.2
(Refusal to submit to chemical breath testing), are established pursuant to this
DIRECTIVE. The Guidelines are contained in Appendix B, attached to this
DIRECTIVE. These Guidelines shall be used by all law enforcement agencies in,
and of, this State.
This DIRECTIVE and the accompanying Guidelines are also available on the Division of
Criminal Justice Internet website at www.njdcj.org, or www.state.nj.us/lps/dcj.
Forms & Guidelines attached
c. Vaughn L. McKoy, Director, Division of Criminal Justice
Nancy Kaplan, Acting Director, Division of Law
Diane Legreide, Chief Administrator, N.J. Motor Vehicle Commission
Hon. Richard J. Williams, J.A.D., Administrative Director of the Courts
Peter J. Traum, Chief of Staff, Division of Criminal Justice
AAG Jessica S. Oppenheim, Chief, Prosecutors Supervision & Coordination Bureau,
Division of Criminal Justice
DAG Stephen H. Monson, Prosecutors Supervision & Coordination Bureau,
Division of Criminal Justice
DAG Christine Hoffman, Prosecutors Supervision & Coordination Bureau,
Division of Criminal Justice
DAG Gregory Spellmeyer, Corrections & State Police Section, Division of Law
Robert Smith, Assistant Director, Municipal Court Service, AOC
