Illegal Searches and Seizures

New Jersey Drunk Driving Lawyer – When Your Car Is Impounded After a DWI-DUI

Key Facts About Vehicle Impoundment in New Jersey

If you are arrested for driving while intoxicated or for refusing to submit to a breath test, the police must impound the vehicle you were driving. State law requires that your car be impounded for at least 12 hours. After the 12-hour mandatory impoundment period, you can reclaim your car, or send someone to reclaim it on your behalf. You are responsible for paying a reasonable fee for towing and storage, and your car will remain in the impound lot until you can pay the fee in full.

If you do not own the car you were arrested in, the lawful owner can reclaim their car prior to the 12-hour period provided that they can:

Present a valid license, proof of ownership, proof of lawful authority to operate the vehicle, and proof of current car insurance.
Proof that they are capable of operating the car in a safe manner and would not be in violation of any motor vehicle code.
Proof that the person receiving the car can comply with any other conditions for release of the vehicle established by the arresting law enforcement agency.

DWI Car Hold – John’s Law

The law that authorizes police to hold cars for up to 12 hours after a DWI is referred to as “John’s Law.” Tragically, a young man named John R. Elliot was killed on July 22, 2000 in a head-on collision with a driver who had been charged with drunk driving earlier that evening. John was a promising midshipman from the United States Naval Academy. John’s father persuaded lawmakers to adopt the 12-hour mandatory minimum holding period to prevent others from suffering the same fate as his late son.

The drunk driver who caused the crash, Michael Pangle, had been arrested with a blood-alcohol content of 0.21 percent earlier that night and was taken to the state police barracks. He was released when a friend came to get him. Just three hours after his release, he was driving the same SUV that he had been arrested in earlier that evening. Both Pangle and Elliot were killed instantly in the crash.

The friend who picked Pangle up was charged with manslaughter, vehicular homicide and aggravated assault as an accomplice to the drunk driving accident, even though he was not in the car at the time. His trial ended in a hung jury.

Can the Police Search Your Car While it is Impounded?

Whether the police may conduct a search of the interior of your car while it is impounded depends on the facts of your case. Under certain circumstances, police may perform an “inventory” search of your car’s content so that your property can be accounted for and safeguarded. If law enforcement stumble upon contraband (including drugs or weapons) during the process you may be charged with a crime. Police cannot automatically conduct an inventory search when your car is impounded: the owner of the vehicle must first be given the opportunity to remove their property from the car.

Police can also search your impounded car if they had probable cause to conduct a warrantless search at the spot where the officers encountered the car. For example, if police saw drugs lying on your seat when they pulled you over for swerving and arrested you for drunk driving, they can bring your car back to impound and search it there.

Officers can also search your impounded car if a judge has issued a warrant based on probable cause that evidence of a crime is located inside the vehicle.

New Jersey DWI Lawyer Edward M. Janzekovich Defends Against Drunk Driving Charges and Illegal Searches

If you have been arrested for driving under the influence, you need an experienced lawyer in your corner. New Jersey DUI lawyer Edward M. Janzekovich has a successful track record of defending against drunk driving charges and illegal searches, such as purported “inventory” searches. To learn more about how we can help you, call us at 732-257-1137 or contact us online today. We represent clients throughout New Jersey, including Ocean County, Monmouth County, Mercer County, Middlesex County, Union County and Somerset County.

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

February 23, 2016 by EMJanzekovich

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.

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