FAQ Category: DWI

christian richards | |

Can I Be Requested to Take a Breath Test Without My Lawyer Present?

You may have heard from TV shows or family members that the best thing you can do if you are ever arrested is to plead the fifth and refuse to talk or do anything without a lawyer present. This is true in most legal situations. However, because of the nature…

christian richards | |

Can You Refuse a Breath Test in New Jersey?

Since driving in the United States is considered a privilege and not a right, you are required to follow certain conditions in order to enjoy the privilege of driving. One of these conditions is that you will consent to a breath test if the police suspect that you are intoxicated….

christian richards | |

Can I Refuse a Sobriety Test in New Jersey?

Many New Jersey drivers eventually find themselves in a situation where they have been pulled over by a police officer under the suspicion of a DUI/DWI. This situation can occur whether you have been drinking or whether you are completely sober. Either way, your behavior in this situation is paramount…

Ren Poblete | |

Are roadblocks constitutional?

Generally, roadblocks are constitutional if certain procedures are followed by law enforcement officers. Under State v. Kirk, the court held that temporary road block set up by exercise of absolute, unbridled discretion of officers in field is violative of State Constitutional provision against unreasonable seizure; however, if certain procedures set…