Leonard Biddison

Attorney at Law

(866) 721-9510

Philadelphia, PA

(866) 721-9510

Haddonfield, NJ

LDB Leonard D. Biddison Attorney at Law
Legal News

Probable Cause for a DWI Stop in New Jersey

Camden County NJ DWI Lawyer

Probable Cause for DWI Stop
Probable Cause for DWI Stop

Driving while intoxicated (DWI) offenses in New Jersey are very serious, even if it is a first offense. A DWI conviction can have significant ramifications that can impact several aspects of your life including future educational and employment opportunities. If you have been charged with a DWI, you should speak with a skilled and experienced attorney as soon as possible to help you navigate the legal process and minimize the potential penalties in your case.

The attorneys at the Law Offices of Leonard Biddison have had tremendous success handling countless DWI cases for years in Camden County including Cherry Hill, Winslow, Gloucester, and Haddon Township. In fact, one of our attorneys, is one of only a few lawyers in the state who is certified to operate the DWI Alcotest 7110. This means he understands the details of the device, how it works, and whether there are any defects with it’s functioning. This knowledge allows us to attack the breath test results in many DWI cases. If you have been charged with a DWI, having an attorney who knows how to get the best result in your case is imperative. Call the Law Offices of Leonard Biddison at 866-721-9510 anytime for a free initial consultation.

Probable Cause for DWI Stops in New Jersey 

When defending a DWI case, the first thing that must be examined is whether the officer had probable cause for the traffic stop in the first place. For there to be probable cause, the officer must have and articulable and reasonable suspicion that a person is violating the law. Some common violations that are the basis for probable cause include:

  • Speeding
  • Failure to Maintain Lane
  • Broken Headlight or Taillight
  • Obstructed View
  • Talking on a Cell Phone
  • Leaving the Scene of an Accident
  • Driving with a Suspended License

If the officer has the required suspicion that a violation has occurred, there is probable cause for the stop. If the stop is baseless, however, the case can be thrown out entirely because of the “fruit of the poisonous tree” doctrine. This doctrine suggests that if the traffic stop is improper, the entire case is flawed and should be dismissed.

DWI checkpoints can also serve as the basis for an initial stop. However, these checkpoints must follow certain guidelines if they are to be considered constitutional. In State v. Moskal, 246 N.J. Super 12 (1991), the court held that a checkpoint is appropriate if there is a history of DWI arrests in the area, if the checkpoint would promote public safety and awareness, if there is participation in command and supervision, and if notice of the checkpoint is published to provide motorists with notice.

Note: One of our attorneys recently achieved a DWI case dismissal in Holmdel, NJ because of an improper DWI checkpoint. 

Contact a Haddon Township NJ DWI Lawyer for a Free Consultation 

The criminal defense attorneys at the Law Offices of Leonard Biddison are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against a DWI charge. Our criminal defense team understands the details of DWI law in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 866-721-9510 for a free initial consultation about your case.

Experience You Can Trust

For the past 20 years, Mr. Biddison has provided his clients with excellent legal counsel in a broad variety of criminal matters. From straightforward issues to serious litigation, he offers you the experience and confidential advice you need to maneuver through the laws of Pennsylvania and New Jersey.

When you’ve been accused of a crime, you are entitled to a thorough and competent criminal defense. Leonard D. Biddison Esquire ensures your legal rights are upheld. Allow our team to assist you during this difficult time.

Schedule an appointment by filling out the form on the right.

The Law Offices of Leonard D. Biddison

Areas We Serve

Burlington County, Mount Holly, Mount Laurel, Pemberton Twp. Camden County, Camden City, Cherry Hill Twp., Gloucester City, Gloucester Twp., Pennsauken, Winslow Twp. Gloucester County, Deptford Twp., Monroe Twp., Paulsboro Boro, Washington Twp., West Deptford Twp., Woodbury City, Bordentown Twp., Cinnaminson, Evesham Twp., Mansfield Twp., Maple Shade Twp., Medford Twp., Moorestown Twp., Palmyra Boro, Bellmawr, Clementon, Collinswood, Haddon Twp., Lindenwold, Pine Hill Boro, Stratford Boro, Voorhees Twp., Waterford Twp., Elk Joint Municipal Court, Franklin Joint Mun Ct, Greenwich Twp, Mantua Twp.

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Philadelphia Location

230 South Broad Street Suite 1501

Philadelphia, PA

  (866) 721-9510    Directions

Haddonfield Location

132 North Haddon Avenue

Haddonfield, NJ

  (866) 721-9510    Directions

Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.