Legal Question in DUI Law in New Jersey

Re: DWI Probable Cause

The officer's stopping a car has constitutional dimensions because the stop constitutes a search and seizure

under the Fourth Amendment to the

Constitution. If the stop is reasonable, the next question is whether he witnesses something making it reasonable for asking the person to step from the car. If this request is reasonable he must properly instruct the person on how to perform approved field sobriety tests and if the person "fails" the tests he is then authorized to arrest the person based on probable cause to believe the person is driving drunk. At this point the person must submit to a breathalyzer test which must be done properly, using a machine in good working order. A reading of .08 or higher will result in an arrest for

drunk driving.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: DWI Probable Cause

In regard to what? Of course there is a procedure, but most of it is dealt with by the local police department themselves. There are also some things they can do, can't do, and must do and that is by law.

You'd have to be a lot more specific. If you have a DWI I strongly suggest getting an attorney as there is no real plea bargaining.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.