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 charges.
In fact, pulling vehicles over for no reason or even for an unreasonable justification violates the constitutions of the United States and the State of New Jersey and is thus deemed unconstitutional by both New Jersey state and federal courts.
In order to avoid a dismissal, the police can simply sight any violation of the motor vehicle codes for stopping a driver for suspected drunk driving. Some of the common reasons used include:
However, just because the officer reported that the arrest was based on “reasonable suspicion,” it does not mean his or her actions actually met this legal standard. As such, it is important to hire a New Jersey DUI defense attorney to review the facts of the case to determine whether in fact the police officer met this standard prior to the DUI arrest.
Contact Us Today!
If you have any questions about the reasonable suspicion standard or would like to discuss your case with an experienced attorney, call New Jersey DUI defense 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.
