New Jersey DWI – DUI Lawyer Edward Janzekovich – DUI – DWI Checkpoints

In general, police officers in New Jersey can only stop a vehicle if they have a reasonable suspicion that an offense has been committed. They must also be able to specifically describe the grounds for their suspicion. Despite this constitutional protection against unreasonable searches and seizures, police may randomly stop drivers at sobriety checkpoints (also called roadblocks) even if they have no reason to believe that anyone in the vehicle committed an offense. Because random checkpoint stops are such an intrusive law enforcement technique, the police must be able to show a rational basis for establishing the roadblock. There are strict requirements for both setting up and executing roadblocks.

What To Expect At A Sobriety Checkpoint

As you approach a road block, you should see signs and lighting designating the checkpoint area. You will be required to slow down and wait for your turn to be processed through the checkpoint. Police officers will detain drivers in a pre-selected pattern (for example, every driver or every fifth driver). Drivers cannot be stopped on their appearance alone.

If you are stopped, you will be detained for a brief period of time. Police may ask basic questions, request documentation and look for signs that you are under the influence of drugs or alcohol. If you exhibit these signs, you will be asked to move your car to a separate area where you will be asked to undergo a field sobriety test.

Roadblock Requirements

The Fourth Amendment of the U.S. Constitution protects citizens from unreasonable searches and seizures. This means that if police do not follow the proper procedures for setting up and executing a roadblock, any evidence obtained may be inadmissible in court—including breathalyzer or blood test results. Courts will consider various factors in determining whether a roadblock was proper, including:

  • Whether notice of the time, date and location of the roadblock was published in advance
  • Whether advance warning was given to individual approaching motorists (use of lights, signs, etc.)
  • Whether statistical data demonstrates that the roadblock was set up in a particularly problematic location for drinking and driving
  • Whether public safety and awareness are fostered by the checkpoint
  • The time of day when the roadblock is conducted
  • Average length each motorist is detained
  • Whether less intrusive measures could have been used to combat drunk driving in the area

Police officers and state troopers do not have the authority to select a DUI checkpoint location or time. They must first receive a directive from their commanding officer.

What Happens if I Attempt to Evade a Roadblock?

If you are intoxicated and attempt to evade a properly established road block, this may give police sufficient reasonable suspicion to stop your vehicle.

New Jersey DUI Lawyer Edward M. Janzekovich Represents Drivers Who Have Been Charged With DWI at Police Roadblocks

State and federal laws carefully protect the rights of citizens to be free from unlawful searches and seizures. If you were stopped at a sobriety checkpoint and arrested for driving under the influence, New Jersey DWI lawyer Edward M. Janzekovich will obtain all documents relating to the establishment of the road block, and analyze it to determine whether it was legal. I will also look at the circumstances surrounding your stop to determine whether police followed proper procedures and detained you for a reasonable amount of time. Unreasonable detentions raise different constitutional issues and may provide you with additional defenses.

We proudly serve clients in Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County. To discuss your case, call us at 732-257-1137 or contact us online today.

New Jersey Appellate Court Rejects DWI – DUI Refusal Challenge

On January 28, 2016 a New Jersey Appellate Court rejects a DWI / DUI refusal challenge that the Standard Statement police are required to read is defective. The argument is that the Statement does not fully advise a person in custody for suspected DWI / DUI of the exact potential penalties they will be charged with if they refuse to provide a breath sample for testing to determine if they are drunk driving in New Jersey.

The defendant argued thatshe should have been told that the mandatory minimum license revocation would be seven months,” and that “up to 20 years can mean anywhere between 0 days to 20 years.” She also challenged that she should have been told the mandatory minimum fine would be between $300 and $500, and that it would result in her having to install an ignition interlock device in her vehicle for a certain period of time.

In reality, the situation does potentially get even more confusing because in New Jersey – when a person is arrested for suspected DWI / DUI – most times, just prior to being read this Statement, they are also advised of their Miranda Rights, and the police then have them sign a rights card. Miranda says you have a right to remain silent, and the right to have an attorney. Then one minute later, you are read the Statement, which says you have no legal right to have an attorney, that you cannot remain silent, and that you must answer the question.

The take away from this, do not drink and drive, but if you are asked to provide a breath sample by a law enforcement officer, provide it, then hire a New Jersey DWI / DUI lawyer / attorney to help you. (you must supply at a minimum 2 good breath samples for the Alcotest to generate a test result and avoid a refusal charge.)

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Click the below link for the sourced article from the New Jersey Law Journal – January 28, 2016 by Michael Booth

NJ Court Rejects Challenge to Breath-Test Refusal Warnings

 

Contact DUI – DWI Defense Attorney Edward M. Janzekovich

To schedule a free initial consultation, contact my office online or call us at 732-257-1137. Evening and weekend consultations are available by appointment. I accept all major credit cards.

The Office of Edward M. Janzekovich can help if you have been arrested and charged with DWI / DUI in Union County, Ocean County, Monmouth County, Middlesex County, Burlington County, Mercer County & Somerset County.

We also serve the New Jersey cities of Union, Dover, Brick, Jackson, Wall, Woodbridge, East Brunswick, Evesham, Howell, Robbinsville, Bound Brook, Neptune, Hamilton, Linden City, Bridgewater & Tinton Falls.