New Jersey DWI Lawyer Blog
The outcome of charges arising from a drunken driving arrest, like many offenses tried in court, can be influenced by numerous factors. These can include the police officer’s initial evidence of intoxication, the breathalyzer or blood test results, circumstances surrounding the arrest and whether or not law enforcement personnel followed proper procedures when gathering or handling any evidence related to the DWI case.
When it comes to circumstances, it’s critical to remember that how a motorist conducts himself can influence how the police react and how the court views the defendant in the courtroom. For many people, being drunk or even slightly tipsy can bring out hidden personality traits, so there is no telling sometimes how a motorist will act when pulled over for allegedly driving under the influence of alcohol, prescription drugs or marijuana, cocaine or other dangerous controlled substance (CDS).
While there is no guarantee that acting the part of a model citizen during a DWI or drug DUI traffic stop will gain you any points for style if and when your case goes to trial, it can’t hurt either. Sometimes, accepting your circumstances is the best path, especially when dealing with a law enforcement officer.
A news article illustrated what can happen when a drunk driving suspect decides not to cooperate with the police. According to the reports, 54-year-old Gerard Stickroth was observed by police allegedly driving erratically on Flocktown Road in Washington Township.
When officers approached the vehicle, the Long Valley resident was attempting to exit his vehicle, which apparently got stuck in a snow bank during the traffic stop. Officers also detected the odor of alcohol on the man’s breath. According to the police report, Stickroth stepped outside the vehicle and fell backward into the snow.
At that point, the officers tried to handcuff the suspect, but he physically resisted their attempts. A brief struggle ensued between the motorist and the cops, during which the man was forced to the ground and finally handcuffed.
Police transported the driver to Hackettstown Regional Medical Center for injuries he sustained as a result of the fall and because of his high level of intoxication. Police eventually charged him with driving while intoxicated and resisting arrest.
Long Valley man arrested on DWI charges after scuffle with police, NJ.com, March 2, 2010