NEW JERSEY CRIMINAL LAWYERS

NJ COMMUNITY CARETAKER FUNCTION

DWI Attorneys Protecting Your Rights Against Unjust Stops

As a driver, you have rights that protect you from improper police stops. In general, the police can only stop your vehicle when they have reasonable suspicion that a traffic offense or crime has been committed. However, there are exceptions to this rule that apply in certain situations when the police are acting as community caretakers. If the police stop your vehicle based on this exception even when there is no basis for it, then you need a qualified DWI attorney to fight the charges against you. Todd Spodek Law Firm is here to help with their experienced NJ DWI attorneys who will challenge the legitimacy of the police stop and defend your interests.

The Community Caretaker Rule Explained

The community caretaker exception applies in situations where the contact between the police and the driver has nothing to do with investigating crimes or acquiring evidence but instead focuses on public safety. There are non-law enforcement duties that law enforcement officers expect to perform as they are concerned about welfare “the public” rather than just its criminal elements under this concept. Under the community caretaker doctrine, law enforcement officers are authorized to make brief investigative stops to ensure that everything is alright and respond to individuals in need.

Todd Spodek Law Group Fights for Fair Treatment

Drivers can legally be stopped by police officers based only on “articulable suspicion” of a traffic or criminal offense. Nonetheless, if they perform a stop arising from erratic driving or an anonymous tip relying on no valid ground for stopping someone’s car, then it would raise questions regarding its legitimacy. To avoid wasting your time and resources, and losing freedom because of an unlawful stop by the Police Department, hire skilled DWI attorneys. At Todd Spodek Law Group, our experienced attorneys will examine every aspect surrounding how you were stopped during representation stages while fiercely advocating for your rights.

Challenging Cases using The Community Caretaker Exception

Listed below are three real-life New Jersey cases showcasing how the community caretaker exception has been used by the courts.

**State v. Goetaski, 209 N.J.Super 362 (App.Div.1986)**

In this case, a man was questioned whether something went wrong after driving slowly on the shoulder of a rural highway with his turn signal on for about a tenth of a mile. Although there was no traffic violation, the stop was justified under the community caretaker exception because asking competent questions about problems is an officer’s responsibility.

**State v. Martinez, 260 N.J.Super. 75 (App.Div.1992)**

The police were permitted to pull over this driver under the community caretaker doctrine after he drove ten miles per hour in a twenty-five-mile-an-hour zone at 2 a.m. The court ruled that the driver’s behavior indicated that something went wrong either with his car or him, or concerning where he was.

**State v. Washington, 296 N.J.Super. 569 (App.Div.1997)**

A DWI stop received legal approval under the community caretaker doctrine when the driver moved slowly and wove within their lanes without any basis for committing penalties while violating lane regulations because it presented potential safety problems to others.

If You Believe That You Were Stopped Illegally, Get in Touch!

If you think that you have doubts that you were stopped based merely on suspicion of DWI illegally than Todd Spodek Law Group can assist you in challenging those allegations as our attorneys know ways to question and oppose illegal stops successfully. Our team is available round-the-clock through free consultations by calling them at 212-300-5196 at Todd Spodek Law Group today!