Probable Cause for a DWI Stop in New Jersey

Camden County NJ DWI Lawyer

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 877-450-8301 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 877-450-8301 for a free initial consultation about your case.