What Is the Implied Consent Law in New Jersey?
New Jersey has a special rule with regard to traffic stops that most drivers are not aware of, called the implied consent rule. Under the implied consent law, New Jersey residents give implied consent to submit to a breathalyzer test when they obtain their drivers licenses. Implied Consent Under New Jersey’s “implied consent” law, you […]
The Prosecution’s Response to the Defense’s Attack on the Administered Field Sobriety Tests
Most New Jersey drunk driving arrests are made based on how the suspected motorist performed on a particular field sobriety test administered by the law enforcement officer who pulled them over. The majority of field sobriety tests are inaccurate in their analysis of whether a driver is in fact intoxicated with a controlled substance. As […]
Articulable and Reasonable Suspicion Standard in New Jersey
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 […]
Can a New Jersey DUI Be Expunged From My Record?
Certain criminal convictions may be expunged from your record under New Jersey law. In other words, if your New Jersey drunk driving attorney is able to successfully expunge the criminal convictions, it will not show up on your criminal record. This is important because a prior criminal conviction may affect your employment opportunities and may […]
The Reliability of the Field Sobriety Tests: Romberg Balancing Test
Field sobriety tests are a common method used by law enforcement to determine whether an individual is in fact intoxicated. However, although these tests are routinely used in DUI stops, there have been many studies that demonstrate the unreliability of the majority of these tests, especially the Romberg balancing test. An experienced New Jersey DUI […]
DUI Pretext Stops: Squealing Tires
A police officer with a pretext for a stop that is deemed to be reasonable can stop you and then investigate the possibility of drunk driving even though that was not the officer’s initial reason for pulling you over. However, there are some pretext stops, such as squealing tires, that raise doubt as to whether […]
List of Important Facts to Discuss With Your New Jersey DWI Attorney
You can hire the best DWI attorney and have all the evidence in your favor, but still lose your case. In order for your New Jersey DWI attorney to successfully handle your case and get the drunk driving charges against you dismissed, you need to provide him with the pertinent information regarding your case. Below […]
The “Reasonable Suspicion” Standard in a New Jersey Drunk Driving Case
For the New Jersey police to legally stop a driver for drunk driving, they must have a “reasonable suspicion” that the suspected individual violated a New Jersey State Statute. Pulling over a vehicle without meeting this legal standard first can be grounds for the New Jersey DUI defense attorney to successfully dismiss the drunk driving […]
Legal Requirements of Sobriety Checkpoints in New Jersey
One of the many ways the police can arrest you for drunk driving is by using sobriety checkpoints. At a DUI checkpoint, the police will randomly stop certain cars to check whether the driver is under the influence of alcohol or drugs. The U.S. Supreme Court has ruled that sobriety checkpoints are constitutional so long […]