Illegal DWI Checkpoints

Were you arrested for driving under the influence? You need to contact an attorney right away. Although DWI checkpoints are legal and constitutional in the state of New Jersey, you still may have been stopped at an illegal checkpoint. When you work with an attorney from our firm, we will thoroughly investigate your stop and ensure that your rights were not violated in any manner. If it is found that checkpoint or your stop was illegal, our team will aggressively fight to defend you and your freedoms. If you have questions or concerns, do not hesitate to contact the Law Offices of Benjamin G. Kelsen, Esq. LLC immediately.

What makes a checkpoint illegal?

New Jersey police must abide by very specific laws and regulations regarding DWI checkpoints to ensure that they are legal. In the state, checkpoints must be clearly marked and allow an alternate route around the checkpoint if drivers wish to not stop. If you are stopped at a checkpoint, officers are allowed to ask you to get out of the vehicle to conduct field sobriety tests if they assume you are intoxicated, but they are not allowed to search your vehicle without your consent. It is important to note as well, they do not have to adhere to a breath test, but New Jersey is an implied consent state and failure to adhere to a breath or blood test will result in your automatically having your license revoked.

Protecting Your Rights

As with any police stop, DWI checkpoints require that officers act in a professional manner and do not impede upon your constitutionally protected rights. If it is found that you are operating a vehicle under the influence of drugs or alcohol, you may be arrested. Upon your arrest, an officer must read you your Miranda Rights and let you know the circumstances under which they are arresting you. You do not have to speak with an officer or answer any questions about your situation before first speaking with an attorney. You have the right to an attorney and it is highly recommended that you exercise this right. You will also have the right to refuse a search of you or your car without a proper search warrant. If you feel that your rights were impeded upon in any manner during your arrest or stop, you must contact our team as soon as possible.

At the Law Offices of Benjamin G. Kelsen, Esq. LLC we stand ready to provide you with excellent representation in your time of need. When you work with our firm, you will be working with lawyers who have years of experience in providing outstanding legal representation to clients in the Hackensack, Teaneck and Garfield areas as well as the rest of Bergen County, New Jersey. After retaining our services, we will immediately begin to investigate your case and look for weakness in the prosecution’s case. If you were arrested, it is vital that you work with a dedicated Bergen County criminal defense lawyer from our firm as soon as possible. Contact our team today to get started.


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