1. Can they do that?
Is it legal for New Jersey Law Enforcement to set up a DWI sobriety checkpoint? Yes; in 1990 the United States Supreme Court held that sobriety checkpoints are constitutional in Michigan v. Sitz.
2. What are my rights before the stop?
What can you lawfully do before a sobriety checkpoint? If you can safely and legally turn before the checkpoint, or make a lawful U turn, you may avoid a sobriety checkpoint.
3. What are my rights during the stop?
If you have been selected at a sobriety checkpoint in New Jersey, remember that you have the right to remain silent. Anything that you say can and will be used against you. If a police officer asks you if you have been drinking, you may thank the officer for working to protect the public, and politely inform her or him that you wish to exercise your right to remain silent. You also have the right to refuse consent to search your motor vehicle.
4. What can I do after the stop?
After you are stopped, and if you are charged with Driving While Intoxicated in New Jersey, you have the right to challenge the stop, and the procedures that were followed to select the particular site of the stop. If the correct procedures were not followed, your DWI charge could get dismissed!
You also have the right to have your blood tested independently from the police to challenge the lab results from the State of New Jersey.
5. What lawyer should I select to fight my New Jersey DWI?
Make sure that the lawyer that you select has litigated cases involving sobriety checkpoints! How would you know? Ask! I have litigated cases involving sobriety checkpoints, and I know what to look for in challenging the basis for the stop.
E-mail me today at basneresq@me.com, or call or text me at (856) 745-1765 and I will e-mail you evidence of DWI cases that I beat. Of course, I cannot guarantee you that I will beat your NJ DWI; the facts of each case are different. However, I do guarantee that I will fight for you to obtain the best result possible!
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