A police officer’s justification for a drunk driving stop is important in the legality of both the stop and the ensuing DUI charges. The United States Constitution protects individuals from, among other things, unreasonable motor vehicle stops. If you were pulled over on suspicion of drunk driving, the police must have a legitimate reason the preliminary stop.
The Articulable and Reasonable Standard
In order for the police to legitimately pull you over The police may also satisfy the reasonable and articulable standard by observing a physical problem with your vehicle, which may result in a routine traffic stop based on New Jersey laws. For example, a broken headlight or taillight may trigger a police stop, which could later lead to a DUI arrest.for a traffic stop that may or may not result in a DUI arrest, they are legally required to have an “articulable and reasonable suspicion” that you violated the law. In order to satisfy this standard, a legal traffic stop may have been the result of a first-hand observation by the police of your illegal driving behavior or it can be based on information provided to the officer by a third-party.
Additionally, in some situations an anonymous tip may also be sufficient evidence for a legal traffic stop. However, the anonymous source must have been reliable or based on something that the police can establish through corroboration of facts.
An Improper Stop Can Undermine The Prosecution’s DUI Case
The bottom line is that if the police officer did not have reasonable and articulable suspicion that you violated a law, your resulting DUI arrest may be successfully dismissed. Your New Jersey drunk driving attorney will investigate the specific facts of your case to determine whether the preliminary stop met the required standard.
Contact an Experienced New Jersey Drunk Driving Attorney
If you or a loved one was arrested for a DUI, you need to immediately call New Jersey DUI lawyer Dan Matrafajlo at 908-248-4404 for a free consultation. We have offices in Elizabeth, North Brunswick and Newark, New Jersey to serve you. Mr. Matrafajlo has the experience in New Jersey municipal courts that you need. He has been recognized locally for his legal ability and named a Super Lawyers Rising Star by his peers. Dan has the knowledge and skill to prepare the best strategy and present the best evidence at your DUI bench trial to increase the likelihood of dismissing the DUI charges against you.
