Freehold Roadblock & DWI Attorney
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. See, State v. Carpentieri, 82 N.J. 546 (1980). 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 are a wide range of reasons that you can be stopped for a motor vehicle violation. The job of an experienced DWI attorney is to determine if the original stop which led to the drunk driving charge was valid and supported by probable cause.
Roadblocks and New Jersey DWI Charges
We see more and more cases at our Red Bank, New Jersey office 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.
If you are in need of assistance with your DWI, DUI, or driving under the influence of drugs charges, please contact the experienced DWI attorneys at the Iler Law Firm for immediate assistance.
