The police receive a call from an anonymous “tipster” alerting them of a suspected drunk driver on the road. Can the police legally pull over the New Jersey driver on the suspicion of a DUI based on this anonymous tip? In order for this to be a valid arrest, certain evidentiary and legal requirements must be met.
If you were pulled over for DUI based on an anonymous call from a “tipster,” you should hire an experienced NJ DUI attorney to determine whether the initial stop and the resulting arrest were legal.
New Jersey Law for Anonymous Tipsters
In the past, DUI stops based on anonymous tips were not legal. However, recent New Jersey decisions have held that police may now stop drivers based solely on anonymous tips. Fortunately, the officer is still bound by other restrictions that strictly govern DUI arrests.
Restrictions for a Legal DUI Stop
One of three things must happen to trigger a DUI investigation by the police under New Jersey law:
- The police must observe a violation of the law
- There must be a driving pattern so suggestive of driving under the influence of alcohol or drugs so as to provide a reasonable suspicion that a crime has taken place
- The driver was detained at a lawful roadblock or checkpoint
If none of these conditions are present, your NJ DUI attorney can move to suppress any evidence gathered during your DUI traffic stop and ultimately dismiss the charges against you.
Arrested For a DUI? Call the Professionals!
If you or a loved one was arrested for a DUI, you need to immediately call NY DUI attorney 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 courts that you need. He has been recognized locally for his legal ability and named a SuperLawyers Rising Star by his peers. Dan has the experience needed to deal with prosecutors, police and the courts to get the best possible outcome for your DUI case.
