Probable Cause for a DWI Stop Hamilton
A police officer must have probable cause in order to make an arrest. When it comes to DWI cases in New Jersey the police officer actually needs sufficient cause just to make a traffic stop. Were you committing a moving violation, such as speeding, before the officer stopped you? Did you have expired registration? Did the officer have reason to suspect that you were driving under the influence because your car was swerving in traffic? The answers to these questions matter because a police officer must always have a legitimate reason for stopping a motor vehicle.
Princeton Illegal Search Lawyers
The attorneys at Kamensky Cohen & Riechelson have more than 40 years of experience handling drunk driving cases in Lawrence, West Windsor, and everywhere else in Mercer County, NJ. We have the legal resources and knowledge needed to challenge the legality of your traffic stop and DWI arrest. Call KCR now to begin your defense and fight your DWI charges.
The Standard for a DWI Stop: Reasonable and Articulable Suspicion
Your DWI charges must stem from a lawful traffic stop. In order to initiate a traffic stop, a police officer must have reasonable suspicion that a traffic law is being violated. The legal standard for a traffic stop is “reasonable and articulable suspicion.” This goes beyond a mere hunch or feeling; however, it is still a lower standard than “probable cause,” which New Jersey courts have interpreted to mean a “well-grounded suspicion.”
The same standard applies in DUI drug cases; the police officer must have reasonable suspicion that the driver is under the influence of drugs in order to initiate a traffic stop.
Challenging a DWI Stop in Mercer County, NJ
If the officer did not have a legal right to stop your vehicle in the first place, then any evidence obtained by police after the stop may be suppressed and ruled inadmissible in court. This is known as the “fruit of the poisonous tree” doctrine because if the stop, or tree, is rotten, then anything that emanates from the stop is also rotten.
Challenging the legality of your traffic stop probably requires the assistance of legal counsel. For example, a lawyer may have access to police dispatch logs, which can be examined to determine whether the officer had reasonable suspicion to pull you over in the first place. Additionally, a lawyer may be able to look at video footage of the arrest; if the police patrol vehicle had a dash camera, the video evidence might show that you did not actually commit a traffic infraction in the first place.
Free Consultation with Pennington DUI Lawyers
Kamensky Cohen & Riechelson is prepared to fight for you in and out of the courtroom. Our investigative team will examine the facts in your DWI case and counter the prosecution’s evidence. Call us to discuss your charges, our fill out the online contact form to schedule a meeting at our offices in Trenton or Pennington.