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Elmwood Park motel heroin OD victim, companion with 70 bags can’t be charged under NJ law

YOU READ IT HERE FIRST: A 41-year-old overdose victim who had 70 bags of heroin in an Elmwood Park motel room came to in the ambulance on the way to the hospital last night — but neither he nor the woman he was with could be charged because of New Jersey’s overdose protection law, police said.

Photo Credit: Cliffview Pilot File Photo

Officers responding to the Town House Motel at 8:20 p.m. on eastbound Route 46 found the Philadelphia, PA victim face down on the floor, Police Chief Michael Foligno said this morning.

“He was breathing but unresponsive,” the chief said.

They also found the caller, identified as 25-year-old Brittany Giresi of Andover, along with the heroin, several hypodermic syringes and a small amount of pot and prescription drugs, in the room, Foligno said.

The victim became responsive on the way to St. Joseph’s Regional Medical Center in Paterson, said the chief, who added that Narcan didn’t meet the deployment criteria and wasn’t used.

“Neither party was able to be charged with any drug related offense due their protection under the New Jersey Overdose Prevention Act,” Foligno said.

However, “upon further investigation, officers discovered that Brittany Giresi had an outstanding warrant for her arrest issued by the Passaic County Superior Court,” he said.

She was taken into custody and turned over to the Passaic County Sheriff’s Department.

The Overdose Prevention Act, signed into law by Gov. Chris Christie last May, provides immunity from arrest and prosecution to people who dial 911 to report an overdose, even if they’re under the influence or carrying.

The objective is to encourage people who otherwise would have feared arrest to seek aid for victims.

“This law truly will save lives, but only if we raise public awareness and ensure that police comply with it,” state acting Attorney General John J. Hoffman said last summer.

He emphasized that the law doesn’t protect dealers or those who don’t make an effort to help save a victim.

Nor does it grant immunity to those caught manufacturing, trafficking, or driving under the influence of drugs — or for those considered liable for a drug-induced death.

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