Did the Police Have a Right to Stop My Car?
The Rights of Police When Pulling Over a Vehicle for DUI/DWI
In New Jersey, the police are not allowed to pull over a car unless there is probable cause for the traffic offense or equipment violation. “I knew something was up,” and “There was something fishy,” are not good reasons to stop a car. If you have been charged with a DWI, challenging the traffic stop is one possible defense strategy that can help you avoid serious penalties.
I am John W. Tumelty, an Atlantic City DWI defense attorney with more than 30 years of experience. I defend clients from Ocean County to Cape May, including the Atlantic City area, against drunk driving charges. If you have been pulled over for DUI/DWI and believe it was an illegal stop, contact my law firm to discuss your case and legal options.
Challenging Probable Cause
One way to minimize DWI penalties is to challenge probable cause for the traffic stop. I look at the facts to determine if the police really had a legitimate basis to stop my client’s car. I file a motion to suppress the evidence challenging the police officer’s right to stop the vehicle. This may result in the suppression of all DWI evidence obtained as result of the car stop, and it can lead to dismissal of the case.
Some of the facts I consider include:
- Was my client’s car swerving across the highway lines?
- Was the car in working condition? Did all the lights work? Was there anything dragging from the vehicle?
- Was my client following traffic rules?
- What reason did the police officer give to my client when he or she pulled the car over?
Contact The Law Offices of John W. Tumelty
Call me today to discuss your DWI defense options today at 609-390-4600. Free initial consultation.