Defending Against DUI by Challenging the Stop

dui lawyer nj

Challenge the Reason for the Stop

Challenging the motor vehicle stop is one of the ways that a lawyer can defend against your DWI case in New Jersey.  If the police had no right to pull you over in the first place, then anything that they discover, they’re after, is inadmissible. It’s known as fruit of the poisonous tree, and should be secluded, suppressed, dismissed.

There was a client who was arrested for drunk driving, based on a DWI checkpoint. In New Jersey, for a DWI checkpoint to be valid, it must meet certain criteria. It must be published to the public beforehand. Usually they put it in the newspaper. They have to show a prior history of DWI offenses in that area. Third, it has to be supervised properly by local law enforcement. If the police failed to do any of these things, the DWI checkpoint is invalid, and the charges against you should be dismissed.

An example of a DUI Case

In this case, the officers at the PNC Arts Center were conducting a seatbelt check, where they were looking to see whether or not the drivers were wearing their seatbelts, and pulling them over. However, they were pulling every vehicle over, whether or not the driver had their seatbelt on. As such, this was a veiled DWI checkpoint. This was essentially a DWI checkpoint that wasn’t approved, wasn’t published, and wasn’t being called a DWI checkpoint. It was being called a seatbelt check. As a result, I got the discovery, took a look at the police reports, conferenced the case with the prosecutor, and he agreed with me. He knew that this DWI checkpoint was not constitutionally valid. As a result, the DWI charge, and all the other charges were dismissed against my client.

If you want to hear about any of the other ways that I challenge a DWI case in New Jersey.. You can also get my contact information from my website. I offer free consultations, and I’m happy to talk to you about your case.

 

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