DWI Traffic Stops
Being Stopped For A DUI/DWI
It is possible to successfully defend a person against charges associated with drunk driving. An experienced attorney will attempt to demonstrate the original traffic stop was not legal.
Was the DUI/DWI Stop Legal? Was There A Reasonable Cause For The Stop?
- In order for a police officer or state trooper to stop a car he or she must have reasonable suspicion to believe a motor vehicle offense such as driving while intoxicated, careless driving, or an equipment violation occurred occurred and you were the person driving the vehicle.
- It is quite possible that police did not have sufficient reason for the stop. The officer may have made a mistaken observation, misinterpreted the law or engaged in unlawful profiling. These are not sufficient reasons to stop a vehicle.
- On the other hand if the stop was due to speeding, an equipment violation, running a red light or swerving across lanes then the officer would have justification to stop you. At this time you will be asked to perform Field Sobriety Tests such as walking a line and counting, balancing on one leg and estimating time, and an eye-reaction test. If you perform poorly on these tests or are unable to perform them at all, you will be transported to the police station for a blood alcohol test.
- If the results are .08% or greater, the law considers you to be intoxicated and you will be charged with DWI. If the results are less than .08%, you are not automatically considered intoxicated, but the police may still arrest you if they believe they can prove intoxication based on their observations of you and your driving. If you refuse to take the breath test, you may still be charged with DWI and you will be cited for Refusal to Submit to a Breath Test, which carries additional penalties similar to DWI.
In New Jersey there is case law regarding all aspects of traffic stops and police investigations. For example, in, State v. Carpentieri, 82 N.J. 546 (1980), the New Jersey Supreme Court held the police must have an articulable and reasonable suspicion that a violation of the traffic laws has occurred in order to effectuate a stop for DWI.
- Another example is State v. Pegeese 351 N.J. Super 25 (App. Div. 2002), in which the Appellate Division held the police may not detain an occupant for an investigation absent additional reasonable suspicion of an offense once evidence of proper licensing, registration and insurance is supplied.
- The caselaw is what regulates police conduct and what allows lawyers to obtain acquittals based on police misconduct. In order to use to the full breadth of regulation available, you need a lawyer familiar with the years of motor vehicle and DWI caselaw.
