New Jersey High Court Stirs Up DUI Stop Rules
The New Jersey Supreme Court has ruled that a person can be stopped on suspicion of drunk driving on the basis of a reliable report that the person was intoxicated. According to a news report in The Star Ledger, the decision was based on a case where a teenager called police and reported that her father had gotten into his car drunk and driven off after an argument with her.
The high court apparently ruled that the police stop was valid in spite of the fact that the officers who arrested the man did not have an independent reason to believe that he was intoxicated. According to reports, the man was not driving erratically. The Superior Court and Appellate Court had concluded that the stop was improper. The New Jersey Supreme Court overturned those decisions by the lower courts.
This is a decision that could have dangerous consequences and lead to arrests of drivers who should not be stopped or arrested. This decision goes too far in allowing police to stop a motorist without sufficient reason to do so. Such a ruling will erode our basic constitutional rights. It gives law enforcement officers too much power over an individual citizen and any time that happens, the consequences can be disastrous.
Drunk driving charges, irrespective of how the arrest occurs, are serious. You need the services of an experienced and knowledgeable New Jersey DUI defense attorney who will help fight your charges and protect your legal rights. If you or someone you know is facing DUI charges please call Lependorf & Silverstein at 609-240-0040 for a free consultation and talk to one of our skilled DUI defense lawyers.
