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Traffic Stop
New Jersey DWI Defense Attorneys
At the Moriarty Law Firm, we have spent decades defending clients against DWI/DUI charges throughout all areas of New Jersey. Every client is unique to us, and as a result, we spend a lot of time getting to know our clients and the intricacies of each unique case. We understand that defending a DWI case in New Jersey is about more than just a plea agreement. We also understand that we are defending real people with real lives. We do everything in our power to defeat your charges and win your case, as simple as that.
If you have been charged with a DWI or DUI anywhere in New Jersey, call (732) 842-7773 anytime to speak with one of the Moriartys and schedule a free initial consultation. You can also contact us by e-mail. We will respond immediately and look forward to speaking with you.
Traffic Stops in NJ DWI Cases
The New Jersey Supreme Court has stated that the law enforcement officer pulling you over must have an articulable and reasonable suspicion that a violation of New Jersey traffic law has occurred to conduct a valid motor vehicle (and subsequent DWI) stop. See, State v. Carpentieri, 82 N.J. 546 (1980). This can range from a headlight on the vehicle being out to a failure of the driver to maintain his or her lane. There are any number of reasons to be stopped for a motor vehicle violation. Our primary goal at The Moriarty Law Firm is to defeat your DWI case, one way to do that is to attack the probable cause used to stop you as a driver in the first place.
New Jersey DWI Checkpoints and Roadblocks
It would seem that getting stopped at a DWI checkpoint is in fact a traffic stop that has no probable cause, and common sense would dictate that you are right. However, this is an exception carved out by the New Jersey legislature for public policy reasons. New Jersey courts have held that DWI roadblocks (also known as sobriety checkpoints) are valid if certain procedures are met. The courts have determined that as long as certain criteria are met (i.e. advance notice in the newspaper, etc.) roadblocks are legal for a stop.
By calling (732) 842-7773 or contacting us by email you are taking the first step toward potentially winning your DWI case and preserving your right to drive and your freedom. Call us today, we are standing by.