One of the most serious traffic violations in New Jersey is a DUI or DWI. Driving with alcohol or controlled substances in your system is incredibly dangerous, and the police tend to crack down hard when they suspect drivers are under the influence. However, the police are sometimes too eager to arrest, and they might violate the driver’s rights or be incorrect in their suspicions.
If you have been charged with a DWI or DUI, our team can help you determine the best way to fight the charges. If the police seized evidence in violation of your rights, if you were not intoxicated but were experiencing a medical emergency, or if there are any other reasons why the charges should not stand, talk about it with your lawyer. Remember, the police must follow strict rules regarding pulling people over, investigating, and arresting people for DWIs.
Call (609) 418-4537 and ask our DUI and DWI lawyers at the Lombardo Law Group, LLC for a confidential review of your case for free.
What Happens When Someone is Pulled Over for a DUI or DWI in Absecon Highlands, NJ?
When a driver is pulled over for a suspected DUI, the police must follow strict rules and procedures. These rules and procedures are designed to protect the rights of drivers from possible overreach by law enforcement. If the police did something during the traffic stop or after you were arrested that violated your rights, our DWI and DUI defense attorneys can use this information to build a strong defense for you.
Initial Stop
If the police want to pull a driver over, they need “reasonable suspicion.” This is a bit of an amorphous concept, as all kinds of things might be considered sufficient grounds for reasonable suspicion. In short, reasonable suspicion may include observable facts or information that leads law enforcement to believe that someone has committed, is committing, or shortly will commit a crime. On the road, reasonable suspicion often involves observable traffic violations.
The police must have observable and articulable reasons for pulling you over. Their actions are illegal if they stop you because of something they cannot articulate, like a hunch or gut feeling. Talk about it with your lawyer if you were stopped for an unlawful reason. Evidence obtained under an illegal stop might also be illegal and excluded from the case.
Investigation
After you are pulled over, the police may almost immediately start investigating for evidence that you were driving under the influence of alcohol or controlled substances. They may do this even if they did not initially suspect you were intoxicated when they stopped you. Perhaps they notice an odor of alcohol or the driver’s slurred speech. These observations and others may be used as probable cause to arrest.
Since probable cause usually requires multiple factors, the police will likely investigate until they have as much evidence as possible. They might ask you to perform field sobriety tests, which are small physical tasks that require focus and coordination and may be difficult for an intoxicated person to complete. They might also ask you to take a roadside breath test on a portable breath testing device. You are not required to do any of this and are within your rights to refuse if you have not been arrested.
Arrest
If the police believe they have enough probable cause to justify an arrest, they may arrest you for a suspected DWI. Remember, you are not automatically charged just because you are arrested, and you must be careful about how to conduct yourself with the police. When they say, “Anything you say can and will be used against you,” they mean it.
Talk to your lawyer about the arrest. If the police did not have enough probable cause, your attorney can help you challenge the arrest. If the arrest is deemed unlawful, evidence obtained pursuant to the arrest might be excluded from the case and cannot be used against you.
According to N.J.S.A. § 39:4-50.2(a), drivers who operate vehicles on public roads, highways, and streets are legally deemed to have impliedly consented to mandatory chemical testing after arrest. You are technically not allowed to refuse, but the police are prohibited from using force to make you submit to testing. However, if you refuse, you might face additional charges and penalties under § 39:4-50.4a(a).
Tell your attorney if you were forced to submit to testing against your will. If you were, the test results may be illegal and excluded from the case. Additionally, tell your attorney if the police failed to inform you of the consequences of refusal. Law enforcement officials are required by law to do so, and if they do not, you should not have to face charges for refusal.
How to Challenge a DWI or DUI in Absecon Highlands, NJ
Challenging a DWI is not impossible, although the authorities might want you to think otherwise. Below are a few ways an attorney can help you fight against unfair DWI charges in Absecon Highlands.
The Stop was Illegal
First, as mentioned above, if the traffic stop that led to your arrest was unlawful, prosecutors should not be able to use evidence obtained during that unlawful stop. Suppose the police pulled you over for seemingly no reason. You did not commit a traffic violation, you were driving safely, and there was no articulable reason for the stop. If the stop was unlawfully arbitrary, anything observed by the police should be tossed out. Maybe they claim they smelled alcohol coming from the car. This detail must be omitted from the case because it was observed in violation of your rights.
Illegal Evidence
The police may continue gathering evidence after taking you into custody. This may include answers to questions asked by the police about the alleged offense and the results of chemical testing. As said before, if chemical testing is conducted by force or otherwise in violation of your rights, the results may be kept out of the case. Similarly, if the police question you about your activities before the stop to determine if you have been drinking, they are required to read you your Miranda rights. If they do not, anything you say to the police may be excluded from the case.
You Were Not Intoxicated
Although this is a less common defense tactic, it might be possible that you were not intoxicated. For example, suppose a driver was weaving between lanes and stopped by the police for a suspected DWI. Next, suppose the driver agreed to a roadside breath test that found alcohol on their breath. It is possible that certain medications or even things like mouthwash can produce false positive results on breath testers. Maybe the driver was never intoxicated but distracted when weaving between lanes. This can be challenging to prove, but it is not impossible.
Contact Our Absecon Highlands, NJ DUI and DWI Defense Attorneys Now
Call (609) 418-4537 and ask our DUI and DWI lawyers at the Lombardo Law Group, LLC for a confidential review of your case for free.
