Legal Question in DUI Law in New Jersey
In NJ I was a passenger in a friends car she had a open cup of beer. I had got out the car to go into my house because she was stopped for swirving. The officer told me to get back into the car when I got back in I noticed she placed the cup on my side so the officer couldn't see it. She is a state parole board agent in philadelphia and she forgot she had it in her glove box. The officers saw it and ordered both of us out of the car. The never asked who the cup belonged to. The officer told me he gave me the ticket because it was on my side and I was not drinking. She was arrested and taken to jail for a dui and wreckless driving and not having a NJ gun permit. I want to know how can they charge me with something that wasnt mine and they never asked who it belonged to? When I got out the car to get on the ground I had my wallet in my hand. They went in my wallet to get my ID was that legal?
2 Answers from Attorneys
If I understand your story correctly, you only received a summons for having an open contaner of alcohol in the car. You do not seem to be charged with anything else. If the cup did not belong to you, that needs to be explained to the prosecutor when you go to Court. Would your friend be willing to acknowledge that the cop also belonged to her? she is the one who needs legal assistance, if she recieved a summons for DWI, reckless and unlawful possession of a weapon. As far as taking your wallet from you to check for your ID, may not have been the proper way to handle it, The Officer should have asked for your ID, but if you are not being charged with anything in connection with it, it seems like a moot point. You need to expalin that the cup was not yours and see if the prosecutor accepts your side of the situation or if you need to explain it to the Judge. Please feel free to call with any questions. (201)-894-9498
The charge on its face is legitimate because there was in fact an open container of alcohol on your side of the car. However, you have a solid defense, especially because your friend was charged with the DWI and it was your friend's car. Regarding the getting your ID issue, if your wallet was already in your hand and you were legally under arrest, then yes it was a legal search of your wallet just to find your identification. Please contact me if you wish to discuss this case in more detail. I never charge for simply talking to a person about their case. Thank you.
Sincerely yours, -Ronald Aronds, Esq.- 908-272-0111
www.njworkerscompensationlaw.com
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