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DWI Traffic Stops
Old Bridge NJ DUI Defense Lawyers
In order for the Driving While Intoxicated charge to stand, the State must show that the police officer had a reasonable basis for the original traffic stop. This reasonable basis is known as “probable cause.” Probable cause is essentially a reasonable belief by the officer that a crime or motor vehicle violation has been committed. The New Jersey Supreme Court has stated that the law enforcement officer must have an articulable and reasonable suspicion that a violation of New Jersey traffic law has occurred to conduct a valid DWI stop. This can range from a headlight on the vehicle being out to a failure of the driver to maintain his or her lane. Remember, in New Jersey you can also be stopped for failure to wear a seat belt or for talking on your cell phone. Therefore, there is a wide range of situations that can result in you be stopped for a motor vehicle violation. The job of an experienced DWI attorney like those at The Law Offices of Jonathan F. Marshall is to attack the circumstances of a stop in Old Bridge, Sayreville, South Brunswick, Edison or another municipality so that the charge cannot be sustained. Our lawyers dissect every motor vehicle stop, scrutinizing the evidence, including the mobile video recorder and audio/radio transmissions, to pinpoint flaws in a stop. This analysis can often prove successful in identifying weaknesses to allow for a dismissal or favorable resolution on behalf of our clients. To take advantage of a free consultation to discuss you motor vehicle stop or any other issue surrounding your driving under the influence of drugs or alcohol case, call our East Brunswick Office at 732-227-1200.
Roadblocks and New Jersey DWI Charges
We see more and more cases throughout Middlesex County where the individual was stopped at a DWI checkpoint. Now, you are saying, what is the probable cause for this stop? Obviously, there is none. However, this is an exception carved out by the New Jersey legislature for public policy reasons. Essentially, New Jersey courts have held that DWI roadblocks (also known as sobriety checkpoints) are valid if certain procedures are met. The location of the checkpoint must be appropriate based on historical arrests at that location (i.e. this is an area where the police have found significant drinking and driving). Also, public safety and awareness would be increased by the use of the checkpoint. This checkpoint also must be closely supervised and notice of the checkpoint must be published in advance. We often see statements in the local newspaper proving notice that a sobriety checkpoint will be conducted at a certain location, time, and date. Therefore, if the following conditions are met the roadblock is constitutional and is considered valid as a traffic stop for DWI charges.
North Brunswick NJ Field Sobriety Checkpoint Attorney
If you are in need of assistance with your DWI, DUI, or driving under the influence of drugs charges in North Brunswick, Old Bridge, East Brunswick or another Middlesex County municipal court the lawyers at The Law Offices of Jonathan F. Marshall are prepared to do what is necessary to successfully defend you. We are respected members of the DWI defense bar and have been effectively defending charges like yours for decades. If you would like to speak to an attorney on our staff anytime 24/7, call our Piscataway Office at 732-562-0308 for a free consultation.