Holmdel NJ DWI Defense Lawyers
Holmdel NJ DWI Charges Dismissed
Recently, our firm represented a client charged with driving while intoxicated (DWI) in Holmdel, New Jersey. Our client was leaving a Brad Paisley concert at the PNC Bank Arts Center when she was stopped at a “seatbelt” check by a law enforcement officer. She was arrested for drunk driving and blew a .09% BAC on the Alcotest breath-testing machine.
In reviewing the discovery evidence and the police report, it became clear that the probable cause for the stop was not sound. DWI checkpoints are constitutional in New Jersey only if certain requirements are met. The controlling case in New Jersey is State v. Moskal, 246 N.J. Super 12 (1991), which details how the required procedures must operate if the roadblock is to be valid. In Moskal, the court concluded that a sobriety checkpoint (i.e. a roadblock) is valid so long as (1) the location of the checkpoint is appropriate based on historical arrest rates at the location, (2) public safety and awareness would be fostered by the checkpoint, (3) there is participation in command and supervision of the officers, and (4) notice of the checkpoint is published to provide motorists with notice.
In this case, the police were conducting a DWI checkpoint without the proper protocols being met. They did not publicize the checkpoint or have the proper command and supervision in place at the location. They tried to circumvent these requirements by calling the stop a “seatbelt check.” However, they were stopping every vehicle, not only those vehicles in which the driver was not wearing a seatbelt. Based on this invalid DWI checkpoint, the entire case against our client was dismissed. This was a major success for the Tormey Law Firm and a huge relief for our client.
To speak with one of our talented DWI defense attorneys free of charge, contact our Hackensack offices anytime at (201)-330-4979. Also, feel free to view Mr. Tormey’s DWI video series for more information about DWI charges in New Jersey.