Police officers in Middletown Twp. Had a busy week not long ago when they arrested and charged five individual drivers with operating a motor vehicle while under the influence of alcohol. Without knowing the specific circumstances of each arrest, it is difficult to know how or why each of these drivers was served with a summons for DWI, however it is instructive to remind readers that being stopped on any Garden State roadway can open a person up to extreme scrutiny, especially if they in any way exhibit some key signs of impairment.
As New Jersey drunken driving defense lawyers, my colleagues and I understand the difficult position under which many otherwise law-abiding citizens are placed when they find themselves being questioned on the roadside by a local cop or state trooper. Odd as it may seem to some people, it is possible — yet amazingly commonplace — to see a motorist who is pulled over for one of many possible traffic infractions end up admitting, in short order, that he was drinking prior to the police stop.
Providing a police officer with an “admission of guilt” in whatever manner it happens, does not necessarily that the driver’s statements can be used against him in court. An experienced DWI defense attorney, like those on the legal team in my firm, will know immediately to ask whether or not the driver was read his or her Miranda Rights prior to their supposed admission of guilt. Similarly, one should also consider whether or not the driver was informed of his right to remain silent. Depending on the situation, if the answer to these two questions was no on both counts, then there is reason to believe that the court may likely strike any admission of guilt from the record, since it was probably not obtained legally.