Probable Cause for a DWI Stop

Winslow NJ DWI Defense Lawyers

Probable Cause for DWI Stop

Probable Cause for DWI Stop

The police must possess reasonable suspicion to believe a motor vehicle violation has occurred in order to make a valid traffic stop. Many individuals also refer to this requirement as probable cause to support a motor vehicle stop. Irrespective of how you choose to refer to this rule, the inescapable truth is that a police officer must have a reasonably based belief that you did something wrong before they may subject you to a stop.  A savvy Camden County DWI Lawyer can mount a potent attack to a case when the police fail to adhere to this standard.

We are the Law Offices of Jonathan F. Marshall, a team of highly accomplished drinking and driving defense attorneys. Our unique credentials include:

  • Over 200 years of combined experience representing clients charged with DWI in Stratford, Camden, Gloucester City, Pennsauken, Cherry Hill, Winslow, Gloucester Township and other Camden County municipalities
  • Former DUI prosecutors in over 20 towns in the state
  • Five (5) lawyers who are Alcotest certified
  • Two (2) attorneys who are certified as instructors in Standardized Field Sobriety Testing (“SFST”)
  • Decades of dismissals and other favorable outcomes in driving while intoxicated and driving under the influence of drugs case in the region.

There certainly is not substitute for a talented attorney when it comes to securing an acquittal whether you are facing a first offense, second offense or third offense. This is exactly what the lawyers at our firm can offer you.

Call the Law Offices of Jonathan F. Marshall at 877-450-8301 anytime for a free initial consultation.

Probable Cause for DWI Stops in New Jersey

When defending a DWI case, the first thing that must be examined is whether the officer had probable cause for the traffic stop in the first place. For there to be probable cause, the officer must have and articulable and reasonable suspicion that a person is violating the law. Some common violations that are the basis for probable cause include:

  • Speeding
  • Failure to Maintain Lane
  • Broken Headlight or Taillight
  • Obstructed View
  • Talking on a Cell Phone
  • Leaving the Scene of an Accident
  • Driving with a Suspended License

If the officer has the required suspicion that a violation has occurred, there is probable cause for the stop. If the stop is baseless, however, the case can be thrown out entirely because of the “fruit of the poisonous tree” doctrine. This doctrine suggests that if the traffic stop is improper, the entire case is flawed and should be dismissed.

DWI checkpoints can also serve as the basis for an initial stop. However, these checkpoints must follow certain guidelines if they are to be considered constitutional. In State v. Moskal, 246 N.J. Super 12 (1991), the court held that a checkpoint is appropriate if there is a history of DWI arrests in the area, if the checkpoint would promote public safety and awareness, if there is participation in command and supervision, and if notice of the checkpoint is published to provide motorists with notice.

Contact a Haddon Township NJ DWI Lawyer for a Free Consultation

The criminal defense attorneys at the Law Offices of Jonathan F. Marshall are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against a DWI charge. Our criminal defense team understands the details of DWI law in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 877-450-8301 for a free initial consultation about your case.