What Drivers Should Know About DWI Checkpoints in New JerseyLaw enforcement officers are pressured to make arrests at DWI checkpoints. Because of this pressure, officers often accuse innocent people of driving while impaired. For example, a driver with seasonal allergies may be arrested for DWI by an officer who assumes that his eyes are red from intoxication. A driver may also be arrested for DWI by an officer who assumes that his poor performance during a field sobriety test is a sign of intoxication rather than nerves. This happens all the time to innocent people. If it happens to you, it’s important to aggressively fight the charges.
How DWI Attorney Steven Hernandez Can Help After A Checkpoint Arrest
Law enforcement officers must follow certain rules and procedures when conducting DWI checkpoints. If an officer fails to follow proper protocol when making a DWI arrest at a checkpoint, the charges may be thrown out. This is why attorney Steven Hernandez will carefully review the details of your case to determine whether or not the officer complied with the checkpoint rules.
Mr. Hernandez will start by determining if law enforcement notified the public of the checkpoint in advance, which they are required to do by law. Then, Mr. Hernandez will look at arrest and accident data to see if there was a history of impaired driving activity in the checkpoint area. If there isn’t a history of DWI activity, the checkpoint may not have been legal.
Next, Mr. Hernandez will review checkpoint materials to see if officers complied with other checkpoint rules. For example, command personnel must be present at a checkpoint at all times. Mr. Hernandez can review the duty roster for the checkpoint to confirm that law enforcement officers complied with this rule.
Even at a checkpoint, law enforcement officers must still have a reason to stop and investigate you. If the officer did not have a reason to stop and investigate you, Mr. Hernandez will fight to have your charges dismissed.
Mr. Hernandez can still fight your DWI charges even if law enforcement officers followed the rules and procedures when conducting the checkpoint. In this case, Mr. Hernandez will look for errors or flaws with the field sobriety and chemical testing evidence.
Recent DWI Checkpoint Case ResultsSteven Hernandez has represented numerous clients who have been arrested for DWI at checkpoints. Some of his most recent DWI checkpoint case results include:
State v. AL: DWI charges were dismissed because the state could not prove that command personnel was present at the checkpoint at the time of the arrest.
State v. CN: DWI charges were dismissed after the state failed to explain why our client was sent for additional DWI screening at a checkpoint.
State v. CS: DWI charges were reduced after we found flaws with the breathalyzer test results.