Why was I arrested and released at 2 a.m. and then required to be in Court the very same day?
The Judge, Police or Court staff are not “singling you out” so to speak by having you appear so quickly to answer the DWI charge that was recently filed against you by Mr. N.J. State Trooper, or County Officer, or Port Authority Officer or Local Police. In reality the expedited appearance is to your benefit because the New Jersey Municipal Court is required to resolve DWI cases within 60 days. Thus, the Court is telling prepare your defense and do not procrastinate. This time frame has been set by the New Jersey Supreme Court as a matter of policy in order to reduce DWI backlog and is enforced by the AOC. Therefore, the Municipal Court Judge wants to make sure you are aware of the seriousness of the charge and give you an opportunity to get a lawyer or apply for a public defender because whether you like it or not the court will be pushing to make sure your DWI charge is resolved within 60 days.
If I am charged with a DWI/DUI in New Jersey is that considered a criminal offense?
No, in the State of New Jersey DWI/DUI violations (N.J.S.A. 39:4-50) are considered traffic offenses. However you should still take the charge seriously because you may be facing a jail term of 180 days (6 months).
I was asked by a Police Officer at the time of my stop to do certain field sobriety test like walk heel to toe, etc. Am I legally required to do those test at the police officer’s request.
No, at this time there is no law mandating a DWI suspect in performing such field sobriety tests but a Judge can take a negative inference for refusing at time of trial. But don’t get field sobriety testing confused with a request to submit to a breath test because that standard is different. Whereby, N.J. Motorist are required to submit to a breath test at the request of a police officer.
The officer stopped me but I do not feel he had the probable cause to justify my stop. Can I challenge the stop on the basis of lack of probable cause?
Yes, challenging the legally of a motor vehicle stop is done procedural by filing a Motion to Suppress however, the term probable cause to justify a stop is misleading and not required to legally justify a motorist’s stop. According to New Jersey case law, less then probable cause to justify a motorists stop what is required! In other words, the actual standard is “reasonable articulable suspicion” that a motor vehicle infraction has been committed by the New Jersey motorist or will be committed.
