DWI Checkpoint In New Jersey

Do I Need a DWI Lawyer or Can I just Pay the Fine?New Jersey DWI Check Points are a nuisance to most drivers, but a necessity for the police. The purpose of a DWI check point is for the police to determine whether or not a driver is impaired. If the police suspect a driver is intoxicated they will asked the driver to pull their car to the side of the road and then have the driver perform field sobriety tests. Naturally, if you fail the field sobriety tests, they will arrest you for suspicion of driving under the influence (DUI).

Announcing a DUI checkpoint

In New Jersey the police are obligated to announce to the public where checkpoints will be set up. You can check your local paper to find out where a DUI check points will be set up.

What Happens At A Checkpoint?

Usually the police will have the road blocked corralling all cars into a single line. They will ask each driver to roll down their window and then asked a series of questions such as where you are coming from, where you are going and if you have had anything to drink tonight. They are observing your action to determine if you are sober or not. If you have slurred speech, are unable to answer simple questions or smell of alcohol or marijuana they will then ask you to perform field sobriety tests. It is important to follow the police’s directions during the stop. Not following the police’s instructions could only lead to more trouble.

Are DUI Checkpoints Legal?

According to most experts, these checkpoints have been successful in the past in stopping drunk drivers. A court case was brought in front of the Supreme Court of the US to determine whether or not DUI checkpoints were legal. It was determined that it was indeed legal.

In Michigan vs. Sitz in 1990, the Supreme Court ruled in favor of the police having checkpoints saying that:

The balance of the State’s interest in preventing drunken driving, the extent to which this system can reasonably be said to advance that interest, and the degree of intrusion upon individual motorists who are briefly stopped, weighs in favor of the state program. We therefore hold that it is consistent with the Fourth Amendment. The judgment of the Michigan Court of Appeals is accordingly reversed, and the cause is remanded for further proceedings not inconsistent with this opinion.

Contact A DUI Attorney In Ocean County

If you have been arrested for DUI in Ocean County or Monmouth County it’s important to contact a lawyer that can defend your charges. The attorneys at Villani & DeLuca have over 20 years of experience defending clients from DUI charges. Call us at: 732-965-3350 for a FREE case evaluation.

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