New Jersey DWI Arrests
There are various scenarios that end with a DWI arrest. A situation that has become far more common over the last several years starts with a cell phone call from an anonymous “tipster” alerting the police of a suspected drunk driver on the road. In order for this to be a valid arrest, there are evidentiary and legal requirements. Your New Jersey DWI lawyer will be able to analyze the facts surrounding this “tipster” situation to determine whether it was a legal stop.
Legally speaking, the police can pull up to a vehicle identified by a tipster as a drunk driver and pull it over. By law, the police must have some information that would otherwise justify a drunk driving stop, such as erratic driving, or the violation of some traffic law that, in and of itself, would justify the stop.
However, there are some cases situations where the police officer has pulled over and arrested an individual for drunk driving based on an anonymous without observing any traffic violations or signs of drunk driving. In such cases, the court has applied four factors to justify its holding that the DWI is valid: 1) the intoxicated driver posed a great risk to the public; 2) it is rare for people to make a false drunk driving report; 3) being pulled over by the police is not a big intrusion; and 4) the officer must believe the reliability of the tip.
This is where the representation of an experienced New Jersey DWI lawyer will be invaluable. Your New Jersey DWI lawyer will do a detailed evaluation of your case to determine whether the factors above apply to your particular case. If not, then your charges will successfully be dropped.