In order for the police to legally pull you over on the suspicion of drunk driving, they must have a legitimate reason for the initial stop. The officer’s justification for the DUI stop is important with respect to both the legality of the stop and any resulting DUI charges.
Articulable and Reasonable Standard to Stop a Car
The United States and New Jersey constitutions were designed to protect individuals from unreasonable traffic stops. This means that the police must have an “articulable and reasonable suspicion” that you violated a law in order to legally pull you over. Whether the stop ultimately leads to a DUI arrest is irrelevant.
In order to meet the requirements of this standard, the belief of the officer needs to only be reasonable in providing suspicion that a moving violation occurred. Law enforcement officers often base their stop on first-hand observation of how you operated your vehicle. This standard may also be based upon information provided by third parties, as long as the information is reliable. Examples of “reliable information” include:
– Results of motor vehicle searches from dispatch
– Results of state computer search on onboard computer
– Radio transmission searches for a particular vehicle
Stops Based on Anonymous Tips
Police officers may only stop a vehicle based on an anonymous source that is reliable. This means that the tip must be something that can only be proven through corroboration of the facts. What this often entails is the officer confirming certain facts alleged by the anonymous tipster prior to the stop.
The exception to this requirement involves the community caretaker doctrine or when the stop involves a DUI roadblock.
An Unreasonable Stop May Undermine a DUI Case
The law enforcement agency did not have reasonable and articulable suspicion for pulling you over, your DUI arrest may be easily undermined and ultimately dismissed. As such, if you are facing DUI charges, it is imperative that you immediately consult an experienced DUI Attorney.
Hire an Experienced DUI Attorney
If you or someone you know has been pulled over for a DUI, it does not mean that you are automatically guilty and have to accept the DUI charges. Not every DUI arrest is legal and not every case meets the requirements and standards of a constitutional DUI arrest.
To make sure your legal rights are protected and to help fight the DUI charges against you, it is in your best interest to consult an experienced DUI attorney who specifically handles such cases. With the right attorney by your side, you can be confident that you will have a fair fight in an uphill battle.
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.
