Under New Jersey law, prior to conducting field sobriety tests on a person, the police must have reasonable suspicion that the person is intoxicated. Odtherwise, the results of the field sobriety tests may be inadmissible. There is no single fact that constitutes sufficient grounds to reasonable suspicion, however, and in some instances, numerous factors that in and of themselves are insufficient to raise suspicion may combine to justify a DWI investigation, as shown in a recent case arising out of New Jersey. If you are charged with committing a DWI offense in New Jersey, and you believe the police did not have sufficient grounds to conduct an investigation, it is prudent to confer with a trusted New Jersey DWI defense attorney regarding your rights.
Allegedly, a police officer observed the defendant making an illegal left hand turn into the parking lot of a drug store, after which the officer stopped the defendant. When he approached the car, the officer noticed an odor of alcohol emanating from the vehicle but believed it may be coming from one of the passengers. The defendant denied drinking, but the officer administered a horizontal gaze nystagmus (HGN) test on the defendant regardless, while the defendant was seated in the driver’s seat. The officer observed a lack of smooth pursuit during the test, after which he asked the defendant to exit the vehicle. The defendant then submitted to field sobriety testing.
It is reported that the defendant was ultimately arrested and charged with driving while intoxicated. He filed a motion to suppress the result of his field sobriety tests, which the court denied. The defendant then entered a conditional guilty plea and appealed the denial of his motion to suppress. Continue reading