DWI/DUI Traffic Stop
If you have been charged with a DUI/DWI there may be many viable defenses to your case. When pulling individuals over for a DUI/DWI Traffic Stop, police officers must adhere to a strict set of guidelines, and if these guidelines are not followed correctly, the traffic stop could easily result in a violation of your constitutional rights. When an officer violates one of your constitutional rights during a DUI/DWI Traffic Stop, this is a viable defense against your charge.
My name is Anthony N. Palumbo, partner at The Law Offices of Anthony N. Palumbo and DUI/DWI defense attorney. If you have been charged with a DUI/DWI in New Jersey, my vast experience in DWI/DUI cases can aid in your defense. I have over 35 years of criminal and municipal court trial experience, and in addition to my private defense practice, I am also a former prosecutor and currently serve as a public defender. If you would like help defending your charge, contact me today at 908-643-6801 for a free initial consultation. Our firm defends individuals throughout New Jersey including Essex County, Monmouth County, Mercer County, Union County, and Middlesex County.
Improper DUI/DWI Traffic Stop
There are many ways an officer can violate your rights when conducting a DUI/DWI Traffic Stop. When conducting a stop, an officer must have the proper cause to pull you over, the proper cause to detain you, and the proper cause to issue a breathalyzer test. If the officer violates your rights by not having the proper cause, this is a viable defense to your case. The following provides a closer look of how the DUI/DWI Traffic Stop, detainment, and breathalyzer must be carried out.
- Did the officer have proper cause to pull you over? In order to be rightfully pulled over in your vehicle for a DUI/DWI, the police officer must have a reasonable and articulable suspicion that you are driving under the influence. A reasonable and articulable suspicion is a standard that is slightly lower than probable cause and includes reasons like swerving, disregarding traffic signals, speeding, or improper maintenance i.e. broken tail light. If an officer sees you breaking a law that is not related to a DUI/DWI (i.e. driving on the cell phone; not wearing a seatbelt) and properly pulls you over, that stop will be proper if you are later found intoxicated. Thus, the officer only needs evidence that you are breaking the law to pull you over, not necessarily evidence that you are committing a DUI/DWI. That being said, a viable defense to your case may still be that the officer did not have a reasonable and articulable suspicion to pull you over. It is not uncommon for the police to pull individuals over for DUI/DWI without the proper cause.
- Did the officer have proper cause to detain you? Once the officer pulls you over, if you provide the proper identification, license and registration, that officer cannot detain you for a search, unless there is evidence of some type of criminal conduct. Your experienced DUI/DWI attorney may choose to defend your case on grounds that the officer did not have evidence of criminal activity once the proper documentation was provided and thereby improperly detained you.
- When can an officer issue a breathalyzer? If the officer sees that you have been drinking, it is proper for the officer to administer a Blood Alcohol Content (BAC) test. If the test shows that your BAC is .08% or above, the officer may place you under arrest.
When an officer pulls you over based on a mistaken belief:
It is important to note that if the officer pulls you over under a mistaken belief (i.e. if the DMV records show that your license was revoked when in fact it as not) and if it can be shown that the officer’s belief was based on accurate facts then the stop will not be improper.
If you have been charged with a DUI/DWI in New Jersey, my goal will be to achieve the best possible outcome for you. I work closely with my DWI/DUI clients to discuss their needs and circumstances. I will apply the most aggressive defense strategy to fight the charges against you. Contact our Cranford or Elizabeth office for a free initial consultation. I will discuss your case with you and all of the circumstances surrounding your arrest, including whether any of the above defenses are viable in your case. With my experience, I will be able to provide you with an honest assessment of the penalties you are facing and the probable outcome of your case. Call 908-643-6801 to contact Anthony N. Palumbo today.