Were you arrested for driving under the influence? You need to contact an attorney right away. Although DWI checkpoints are legal and constitutional in the state of New Jersey, you still may have been stopped at an illegal checkpoint. When you work with an attorney from our firm, we will thoroughly investigate your stop and ensure that your rights were not violated in any manner. If it is found that checkpoint or your stop was illegal, our team will aggressively fight to defend you and your freedoms. If you have questions or concerns, do not hesitate to contact the Law Offices of Benjamin G. Kelsen, Esq. LLC immediately.
What makes a checkpoint illegal?
New Jersey police must abide by very specific laws and regulations regarding DWI checkpoints to ensure that they are legal. In the state, checkpoints must be clearly marked and allow an alternate route around the checkpoint if drivers wish to not stop. If you are stopped at a checkpoint, officers are allowed to ask you to get out of the vehicle to conduct field sobriety tests if they assume you are intoxicated, but they are not allowed to search your vehicle without your consent. It is important to note as well, they do not have to adhere to a breath test, but New Jersey is an implied consent state and failure to adhere to a breath or blood test will result in your automatically having your license revoked.