Motions You Can Use to Fight a DWI Charge in New Jersey

Legal News GavelBeing charged with a DWI can be extremely daunting because these charges can affect many aspects of your life. As a result, these charges should never be taken lightly. If you have been charged with a DWI, you need the help and guidance of a seasoned New Jersey DWI attorney who can protect your rights. With years of experience, we are dedicated to advocating for our clients throughout the entire legal process.

Police have to adhere to certain rules and procedures when they make a DWI stop as well as when they make a DWI arrest. If these rules are not properly followed, a DWI charge may be reduced or dismissed altogether. Some of the motions that may be appropriate in your case are as follows:

  1. Illegal stop:  a motion that states you were stopped illegally, and thus any evidence based on the stop should be tossed out. In New Jersey law, a police officer may stop a motor vehicle if that officer has an “articulable and reasonable suspicion” of a violation of law by the driver or a passenger. This is a lower standard than “probable cause,” which is needed to make an arrest, but still requires detailed objective facts that would lead to a determination that the defendant broke a law. For instance, if you are pulled over for running a stop sign, the traffic violation would establish probable cause for the stop.
  2. No probable cause for arrest:  a motion that states there was no probable cause to arrest you. A police officer is required to have probable cause in order to make a DWI arrest. In New Jersey, ‘probable cause‘ means police officers are required to have an articulable and well-grounded suspicion that the defendant was operating the motor vehicle while under the influence of alcohol or drugs.
  3. Improper Miranda warnings:  a motion that states your Fifth Amendment rights were violated because you were not properly given your Miranda warnings. Under New Jersey law, a DWI is a traffic offense, rather than a criminal offense. As a result, law enforcement is not required to advise you of your Miranda rights unless and until you have been arrested or taken into police custody. In other words, a typical roadside interrogation (prior to arrest) does not necessitate Miranda warnings. Once in police custody, the following Miranda statements must be told to the defendant:  you have the right to remain silent; anything you say can be used against you in a court of law; you have the right to an attorney; and if you cannot afford an attorney, one will be appointed to you.

DWI charges can be extremely serious and have far-reaching adverse consequences for a defendant’s life. If you have been charged with a DWI in New Jersey, it is imperative to contact a skilled New Jersey DWI attorney who can help. We are here to answer your questions and address your concerns at every step of the way. To speak to one of our attorneys about your case in more detail, call us at 877-450-8301 or reach out to us online.

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