NJ JUSTIFICATION FOR A DWI STOP
Protecting Your Rights: Understanding When Police are Allowed to Legally Stop Your Vehicle
Getting pulled over can be a stressful and frustrating experience, especially if you believe that you have not done anything wrong. However, the Constitution sets out specific rights designed to protect individuals from unreasonable stops by law enforcement officials. According to these guidelines, police officers must have a justifiable reason for stopping your car.
If you ever find yourself in this situation, it is important to remember that you have rights. If you feel that you were stopped without any cause or are facing charges of driving while intoxicated (DWI), Todd Spodek provides a comprehensive answer to these concerns in our law firm’s discussion below. Our experienced DWI lawyers are available at 212-300-5196 and will provide representation and guidance throughout the entire process.
Understanding the Legal Basis for Vehicle Stops by Police
To stop a vehicle legally, law enforcement officials must have reasonable grounds to believe that a traffic law violation has occurred. It is essential to note that the basis for this stop can come from various sources; firsthand observations by the officer may not be the only source used during this process. Other information concerning the motorist’s actions from third parties such as dispatch motor vehicle information, radio transmission lookouts or onboard computer information may provide sufficient grounds for justifying reasonable suspicion.
What Constitutes Articulable & Reasonable Suspicion?
Articulable & reasonable suspicion is defined as facts presented that would reasonably arouse suspicions of a violation even if someone was sitting in similar shoes as the police officer involved. In simpler terms, this belief does not need proof beyond all doubt by the police officer but instead needs to be presented base on credible and concrete reasons of committing an offense.
Can You Be Stopped Based on an Anonymous Tip?
Where anonymous sources provide reliable tips corroborating specific details verified before effectuating the stop by the officer, then it would allow for a stop based on the tipster’s information. However, an exception to this rule is where cases of uncorroborated anonymous tips arise, or where other viable reasons such as the community caretaker function or valid roadblocks apply.
Protecting Your Rights with Legal Defense
Many factors may lead to police stops that are considered invalid under law. Therefore, If you face charges of DWI or have undergone an unconstitutional DWI stop, it is essential to seek legal counsel. An attorney from Todd Spodek Law Group will provide a free consultation and analyze the facts relating to your case, offering advice about your legal course of action. You can contact us today for immediate representation.
What Is Required for Police to Legitimately Stop a Vehicle?
Law enforcement officials must have reasonable grounds to suspect that a traffic violation has occurred. This justification can come from various sources and should be justifiable enough to warrant reasonable suspicion of a violation.
How is Articulable & Reasonable Suspicion Defined?
The requirement is that tangible facts presented would reasonably arouse suspicions of committing an offense in one sitting in similar shoes as the officer involved for there to exist articulable and reasonable suspicion;
Can An Officer Stop Based on an Anonymous Tip?
Valid situations allow officials access to corroborated relevant factual data offered by anonymous sources needed before effectuating any stop legally under specific circumstances.
Protect Your Rights with Legal Representation
As instances leading up to invalid police stops occur now and then due to mistaken interpretations of the law by officers, you need legitimate legal representation in case these events happen. Call Todd Spodek Law Group if facing DWI charges or experiencing unjustified DWI stops for your free consultation today.
NEW JERSEY CRIMINAL DEFENSE ATTORNEYS