New Jersey DWI Lawyer Blog
New Jersey police are allowed to set up roadblocks for the specific purpose of spotting drunk drivers. If you or a loved one has been arrested for driving while intoxicated (DWI) as a result of a DWI checkpoint, we may be able to help you. Our New Jersey criminal defense attorneys understand how to defend you against DWI charges. These charges are extremely serious, which is why it is imperative to talk to an experienced lawyer in the area to find out how the law applies to your specific case.
Law enforcement agencies from the New Jersey area are getting ready for the state’s biggest yearly drunk driving clampdown. The 2019 “Drive Sober or Get Pulled Over” statewide Labor Day crackdown starts on August 16,2019 and ends on September 2,2019. During this time, police officers and local law enforcement officers will be conducting sobriety checkpoints and police will target motorists who may be driving while impaired by alcohol or drugs. The national campaign is intended to raise awareness about the hazards of driving while intoxicated and is supported by a number of different activities such as national radio and television commercials, posters, signs and more. One of the campaign’s specific goals is to reduce drunk driving around the Labor Day holiday. During last year’s campaign, agencies who participated made 1,196 DWI arrests.
Under New Jersey law, police may lawfully use a DWI checkpoint for purposes of reducing drunk driving. A roadblock or checkpoint is generally legal if the public interest in having it outweighs the inconvenience and intrusion to drivers on the road. In other words, these checkpoints are constitutional because courts have decided that detecting drunk drivers and removing them from the roads serves an important societal interest that outweighs the rights of drivers to be free from brief stops at checkpoints. Typically, probable cause must exist in order for police to stop a vehicle so a checkpoint is an exception to that rule.
While checkpoints are legal, there are very stringent requirements that police departments must follow in order to set one up. In addition, police must obtain certain authorizations prior to creating a roadblock. If the police did not have proper authorization to set up a checkpoint at the specific location where you were pulled over at the specific time of the stop, we may be able to argue that there was no probable cause to stop you. This can ultimately help get the charges against you reduced and, in some cases, dismissed. It is important to note that the aforementioned is simply one way to challenge the DWI charges against you. There are a number of other defenses that may be at play in your case and you can rest assured we will examine every single one of them.
If you have been charged with a DWI, whether based on alcohol intoxication or drug impairment, at a roadblock or checkpoint our seasoned New Jersey DWI attorneys can help. We will thoroughly investigate the matter to determine whether or not it is possible to get the evidence against you thrown out. You can rest assured that our top priority is advocating for your rights every step of the way. To learn more, please feel free to call us at 877-450-8301 or contact us online today.