New Jersey Criminal Defense Blog

On December 22, 2008, The New Jersey Supreme Court reversed two lower court decisions that relate to Clifton, NJ police officers who stopped a driver on suspicion of driving while intoxicated in New Jersey based solely on a tip the officers received from the drunk driver’s seventeen year old daughter. The officers were dispatched to a Clifton home to investigate a domestic disturbance between a father and his seventeen year old daughter. Before the officers arrived they received word that the daughter had called the dispatcher to advise that her father had left the home in his black Oldsmobile and that the father, in his daughter’s opinion, was “drunk.” The Law Division and Appellate Division Courts reasoned that a seventeen year old did not have the capacity to distinguish between drunk and sober, and these Courts dismissed the DUI charge finding the officers did not have a “reasonable suspicion” to stop the car.

The New Jersey Supreme Court reversed, stating that in this case the officers had reasonable and articulable suspicion that an offense was being committed. The Supreme Court found the officers had “sufficient information to give rise to the required level of suspicion.” The Court further ruled that the description given by the defendant’s daughter gave the police reason to stop the vehicle.

Ordinarily, anonymous tips alone rarely suffice to establish probable cause. In this case, the tip was not anonymous, but rather came from an individual with specific knowledge. The daughter gave her name and exposed herself to criminal prosecution should the information she provided regarding her father have proven to be knowingly false. Finally, the Court pointed out that in drunken driving prosecution cases, New Jersey Courts often will permit lay opinion testimony to help establish intoxication.

If you have been charged with driving while intoxicated in NJ there are many defenses that can be used to help defeat the charge. The police must have probable cause to make a stop. As this case demonstrates, the term “probable cause” has a specific, legal meaning. Let the attorneys at Lependorf & Silverstein, P.C. work to help you if you have been charged with driving while intoxicated in New Jersey. Contact Lependorf & Silverstein, P.C. for a free consultation today

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During the holiday season, almost all municipalities in the State of New Jersey are more vigilant than ever in trying to arrest drunk drivers. One very common technique that is utilized by municipal police departments during this time of year is what is commonly referred to as a DWI-check point.

In our state, the stopping of a motor vehicle at a New Jersey DWI check point is considered a seizure within the meaning of the Fourth Amendment to the United States Constitution and, thus, it is subject to strict review pursuant to that Amendment. In determining the constitutionality of a roadblock, the following factors must be considered:

1. the degree of discretion, if any, left to the officer in the field;
2. the location designated for the roadblock;
3. the time and duration of the roadblock;
4. standards set by superior officers;
5. advance notice to the public at large;
6. advance warning to the individual approaching motorist;
7. maintenance of safety conditions;
8. degree of fear or anxiety generated by the mode of operation;
9. average length of time each motorist is detained;
10. physical factors surrounding the location, type, and method of operation;
11. the availability of less intrusive methods for combating the problem;
12. the degree of effectiveness of the procedure; and
13. any other relevant circumstances which might bear upon the test.

If you have been arrested for DWI in the State of New Jersey, call an attorney at Lependorf & Silverstein at (609) 240-0040 for a free consultation. There are many factors that must be looked into that a trained eye can discern.

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A Cape May County New Jersey Municipal Court Judge testified before a New Jersey Ethics Committee panel on Wednesday, December 10, 2008 regarding a New Jersey DWI incident that took place on March 27, 2008. The New Jersey Municipal Court Judge was charged with a DWI after failing field sobriety testing and an Alcotest breath test. His BAC reading showed a .08 reading. While at the police station and before the breath test was administered, the defendant repeatedly attempted to apply Chapstick to his lips. He also placed a penny into his mouth. Eventually, on June 27, 2008, the defendant pled guilty to the DWI. The question before the ethics committee centered around the Judge’s behavior at the police station and whether his “delay tactics” constituted a violation of the Code of Judicial Conduct Canons. If you have been charged with a DWI in New Jersey it is important to seek legal counsel to see that your rights are protected. Contact a lawyer at the firm of Lependorf & Silverstein today for a free consultation.

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Posted In: DUI DWI Drunk Driving

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A driver was arrested on November 15, 2008 on suspicion of drunk driving after he plowed his car into an area where garbage was stored. A pedestrian was struck by one of those trash cans and injured in the knee. According to this news report, 41-year-old Phillip Serpe of Jersey City refused to take a field sobriety test. Officials still arrested him because they said they smelled alcohol in Serpe’s breath and saw he “was unsteady on his feet.” He was reportedly charged with one count of driving under the influence of alcohol.

In New Jersey, police officers who stop suspected DUI drivers may administer a series of tests officially known as the Standardized Field Sobriety Testing (SFST). These tests basically consist of three parts of physical investigations to help determine whether or not the driver is under the influence of alcohol or drugs. Drivers who refuse to take these tests will usually end up getting arrested and often will face other penalties.

These field sobriety tests are key elements in a New Jersey DUI trial. They could be used to prove the guilt or innocence of a driver. But a skilled New Jersey DUI defense attorney may be able to challenge these tests in court because they are often unreliable as the sole determiners of a DUI charge. Our New Jersey DUI attorneys thoroughly examine these tests in order to ensure that these tests were administered properly and the results of the test were in fact accurate.

If you or someone you love has been arrested on suspicion of operating a motor vehicle under the influence of alcohol or drugs in New Jersey, please call Lependorf & Silverstein for a free, no-obligation consultation. Our offices have years of experience handling DUI cases and field sobriety test problems throughout New Jersey.

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Posted In: DUI DWI Drunk Driving

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