Challenging the Traffic Stop in a New Jersey DUI


If you’ve been pulled over by law enforcement officers in New Jersey and your blood alcohol content exceeded the legal level for a charge of drinking and driving, all is not necessarily lost. You have certain constitutional protections that require that police follow specific rules, both in making the traffic stop and after you’ve been detained.

Under the 4th Amendment to the U.S. Constitution, you have a guaranteed right to be free from what is considered an unreasonable search or seizure. As set forth in the amendment, for a search or seizure to be “reasonable,” there must first be probable cause. Accordingly, before you can be pulled over, law enforcement officers must first observe a violation of the law or must have a reasonable belief that you have or are in the process of violating the law. Any infraction will provide the basis for a legal stop—a broken tail light, an illegal lane change or failure to obey traffic laws. Furthermore, if you match the description of a fugitive, or if the officer observes contraband or other evidence of illegal activity in your vehicle, that may constitute probable cause.

Once you have been stopped, the police officer may ask you questions. The requirement that you be provided with your “Miranda” warnings does not, however, go into effect, unless you have been taken into custody. The Miranda warnings include the admonition that anything you say may be used against you in court, and that you have the right to have an attorney present. Accordingly, you should be very careful when responding to any comments or questions from the police officer. If, however, the officer arrests you, but fails to provide the Miranda warnings, anything you say may be excluded from evidence at trial.

Contact Attorney Edward M. Janzekovich

To schedule a free initial consultation, contact my office online or call me at 732-257-1137. Evening and weekend consultations are available by appointment. I accept all major credit cards.

Route 70 and Jersey Shore Crackdown

Jersey Shore

New Jersey is known for many things – not the least of which is the amount of cars and traffic on our roads. Whether you live in the state or are passing through, you are likely familiar with the congestion that can be found on any of the Garden State’s many highways at any given point in time. Countless drivers use New Jersey roads every day, for work or pleasure, and, in the summer, many of those drivers can be found in Monmouth and Ocean counties on the way to the Jersey Shore.

In a recent announcement, townships throughout New Jersey have decided to join together and crack down on dangerous driving along state highways – particularly in Monmouth and Ocean counties – in response to reports that show an increase in crashes and motor vehicle fatalities in recent years. The initiative, which has been referred to as a Traffic Safety/Enforcement Initiative, has been championed by Ocean County Prosecutor Joseph D. Coronato, but will involve at least seven (7) municipal jurisdictions along Highway Route 70 in Ocean and Monmouth County, including:

  1. Brielle Borough (Monmouth County)
  2. Brick Township (Ocean County)
  3. Lakewood Township (Ocean County)
  4. Toms River Township (Ocean County)
  5. Manchester Township (Ocean County)
  6. Lakehurst Borough (Ocean County)
  7. Wall Township (Monmouth County)

New Jersey State Highway Route 70

Route 70 is a nearly 60-mile long highway extending from Pennsauken Township in Camden County to Wall Township in Monmouth County. At its widest, it is a six-lane roadway, but is only two lanes wide at many areas. According to official statistics, there were 548 motor vehicle crashes on Rt. 70 in 2016. Of the crashes that occurred within Ocean County, 4-out-of-41 or 10% were fatal. In 2017, the percentage of fatalities rose to 19%.

The Traffic Safety / Enforcement Initiative

The official safety action will be conducted in three phases: engineering, education and enforcement. The plan is being supported by the Police Departments of all the previously mentioned towns and boroughs, as well as by New Jersey State Police Tactical Patrol Units and the DUI Enforcement Patrol Unit.

Officers have been instructed to specifically be on the look-out for signs of drunk driving or driving while under the influence. There also will be an automated license plate reader in use to identify those driving illegally on a suspended or restricted license. Any kind of suspicious or illegal activity on the roads could lead to a driver being pulled over, including:

  1. Aggressive Driving
  2. Improper Turning
  3. Failure to Yield
  4. Failure to Keep Right
  5. Improper Passing
  6. Inattentive Driving
  7. Disregarding Traffic Signals
  8. Speeding
  9. Following Too Close

Police officers will also be looking for commercial vehicle violations such as overweight, equipment maintenance and brake pressure.

If a police officer pulls a driver over for a legitimate reason, such as one of the motor vehicle violations listed above, the driver might be arrested and charged with DUI or DWI if there is enough evidence for the officer to reasonably suspect that the driver has been operating the vehicle while impaired.

Similar enforcement partnerships have also been put in place on Routes 539, 528, 35 and 37.

New Jersey Drunk Driving Lawyer Edward M. Janzekovich Is Here To Help Defendants Charged with DUI Violations

Whether you live in New Jersey or are driving through the state, if you or someone you know is charged for driving under the influence of alcohol or drugs on a New Jersey roadway or highway, you want an experienced NJ DUI/DWI attorney who can help. A good lawyer can make all the difference. To speak with an experienced New Jersey DWI lawyer about your situation, call us at 732-257-1137 or contact us online today. We serve clients throughout the state of New Jersey.