"Reasonable Suspicion in a DUI Case"
For the police to effectuate a righteous stop they must have "reasonable suspicion" that the suspected drunk driver violated a New Jersey State Statute.
The police may not randomly stop vehicles without meeting this legal standard first.
Pulling vehicles over for no reason or even for an unreasonable justification violates the constitutions of the United States and the State of New Jersey and is therefore deemed illegal - unconstitutional - by New Jersey state and federal courts.
Erratic driving, an accident, speeding, making an unsafe lane change, or driving too slow are common reasons that police provide to the court for stopping a driver for suspected drunk driving.
Indeed, any violation of the motor vehicle laws creates sufficient justification which empowers police to initiate a motor vehicle stop.
Officers are trained to detect whether a driver is possibly drunk.
So when a driver is pulled over in a town like South Brunswick, New Jersey, let's just say, the police officer will look for signs of intoxication such as slurred speech, blurry eyes or even an odor of alcohol or drugs emanating from the vehicle.
Officers also use any admissions drivers make such as "yes officer, I have been drinking tonight," as evidence against them.
Upon such detection the officer will ask the driver to step out of the vehicle so that a
field sobriety test
may be performed.
If you have any questions about the reasonable suspicion standard for a practicing NJ DWI attorney, do not hesitate to contact us as we will be glad to help.