DWI Checkpoint Attorneys Union County NJ: Was it a valid stop?
Checkpoints must be conducted following certain requirements
In our ongoing series about DWI law in New Jersey, we discussed the necessity for probable cause when conducting a traffic stop that may lead to DWI charges. As previously mentioned, the other effective mechanism for DWI enforcement is the field sobriety checkpoint. However, these checkpoints must be conducted following certain requirements established in the precedential case of State v. Moskal in 1991 (246 N.J. Super 12 (1991)).
According to State v. Moskal, a DWI checkpoint will be considered valid if the following criteria are met:
- The site of the checkpoint is deemed appropriate based on historical arrest rates at the location.
- The checkpoint would foster public safety and awareness.
- The appropriate law enforcement bodies participate in the command and supervision of the checkpoint.
- Notice of the checkpoint is provided to drivers with signage, lighting, etc.
If the officials conducting the field sobriety checkpoint meet the above requirements, then they can lawfully stop drivers, conduct field sobriety tests, and charge those whom they believe to be under the influence. On the other hand, if the field sobriety checkpoint is not conducted under the law, any charges that result from the stop cannot be considered legitimate in court.
For example, if the sobriety checkpoint was erected temporarily at the discretion of an officer and not his or her superior, then any stops and resulting charges are invalid. Additionally, if the checkpoint is not reported with a specific date, time, or place, or it is not conducted properly, we may have grounds to argue for a dismissal of the DWI charges in court.
Overall, it is essential to understand your rights to effectively protect yourself as a motor vehicle operator in the State of New Jersey. With a knowledgeable and aggressive defense attorney, you can ensure that your liberty is thoroughly protected.
Contact our Linden NJ DWI Lawyer for a Consultation
At Edward S. Cooper law Firm we are ready and equipped to help you in the entire process. If you live in n Rahway, Clark, Roselle Park, Garwood, Elizabeth, Cranford, Edison, and across New Jersey.