DWI custody is topic of discussion in Marlboro

BY TALI ISRAELI
Staff Writer

MARLBORO — The Township Council has introduced an amendment to an ordinance stating that the Marlboro Police Department has the right to hold in protective custody any person who has been arrested and charged with driving under the influence.

According to the proposed law, the individual may be held at an appropriate police unit or other facility where his condition may be monitored until he is no longer a danger to himself or others.

Other conditions of release from custody include the individual’s blood alcohol content being less than .05 percent and if he is no longer under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit-forming drug to the extent that his abilities are impaired.

The ordinance states that in no event should an individual be held in protective custody for longer than eight hours without providing an appropriate hearing.

Councilman Barry Denkensohn said he is a strong advocate for stopping people from driving while intoxicated, but he raised concerns about people who have been arrested being held overnight and people getting back into their cars after being released from custody. He suggested that the police should have someone come to pick up the individuals who have been arrested.

Council President Joseph Pernice questioned whether Marlboro would be held liable for a person’s actions after he has been released from custody.

Councilman Jeff Cantor said he feels better knowing the police are protecting the people who have been charged with driving while intoxicated and in turn protecting everyone else on the roads.

Denkensohn requested that the council find out what the police department’s current practice is regarding individuals who have been arrested and charged with driving while intoxicated.

Business Administrator Judith Tiernan said a representative from the police department will be present to answer the council’s questions at the public hearing and second reading of the ordinance on Oct. 20.