The Motion to Suppress Evidence and Driving While Intoxicated Charge

In New Jersey most of the defenses that are available in other States have long been eviscerated by our courts in the Garden State. Accordingly, because of this trend and the difficulty of beating a DWI charge, it is more important that the defense attorney handing these types of cases be aware of every driver of a motor vehicle in this State from being pulled over for reasons which our courts have ruled impermissible.

Specifically, in New Jersey a driving motorist can only be pulled over if a police officer has reasonable suspicion that the driver has been engaged in a violation of law, or if a motor vehicle infraction by the driver is witnessed by the police officer. In addition to those circumstances, our courts have allowed police officers to investigate and/or stop motor vehicles under what is called the “community caretaking” exception.

On May 5, 2011 the Appellate Division in an unpublished opinion, State v. Brackin, ruled that a motorist who paused at a green light for approximately 10 seconds before proceeding through the intersection was not long enough to trigger the police officer to effectuating a motor vehicle stop of the motor vehicle under the community caretaking exception. Both the Municipal Court and Law Division judges denied the defendant’s motion to suppress the evidence obtained from the automobile stop. However, the Appellate Division reversed the DWI conviction holding that the 10 second delay was not sufficient to trigger the stop.

In ever DWI case the first line of defense, and often the only line of defense is the motion to suppress evidence.

Attorney Sanzone has been successful in many of his cases in which this was a viable issue, and has had many cases dismissed because of the suppression of evidence and various types of contraband.

Law Office of Vincent J. Sanzone, Jr., Elizabeth, N.J. 07207

Tel. No. (908) 354-7006; Email, yourcivilrights@gmail.com

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