Many hundreds of Garden State drivers are pulled over every month by police officers, during which a certain percentage of those individuals are accused of driving while under the influence of alcohol. Although a fair number of motorists are routinely convicted of DWI or drug DUI, there are many defendants who avoid a guilty verdict, as well as the stiff monetary penalties that come with it. Law enforcement officers certainly have a difficult and many times dangers job to perform, but they are not always correct in their assessment of some supposedly drunken drivers.
As experienced New Jersey trial attorneys, my colleagues and I have great respect for our men and women in uniform. But there are instances when we must stand back and consider the occasional downside that comes with the great authority that we give our municipal patrolmen and state troopers. It is because law enforcement officials have such power -- to arrest and charge citizens with driving offenses and more egregious crimes -- that we must hold them to a higher standard, understanding at the same time the challenging nature of their position.
In particular, as DWI defense lawyers, we find it hard to accept the illegal behavior of some policemen when it comes to drinking and driving. From our standpoint, having defended hundreds of motorists against charges of operating a motor vehicle while intoxicated by alcohol or a controlled dangerous substance (CDS), it is unconscionable when a patrolman violates the very laws that he or she is responsible to enforce. Quite simply, there is never a good excuse for a law enforcement officer to be arrested for drinking and driving, yet this can and does happen from time to time.