What Is The Law If I Am Stopped At A DWI Roadblock?
Many people who are charged with DWI as a result of the roadblock or checkpoint are often uncertain as to its validity or legality. If you are charged with DWI and/or refusal to submit to a breathalyser or alcotest examination, you should consult an experienced DWI or Criminal lawyer to check whether the police followed the mandatory guidelines associated with these stops. In order to ensure that the roadblocks are legal, New Jersey has promulgated technical guidelines to prevent against unreasonable detention and arrests arising from roadblocks.
The United States Supreme Court first addressed the Constitutionality of police roadblocks in the 1979 case of Delaware v. Prouse, 440 U.S. 648 (1979). In Prouse, the Court ruled that it was unconstitutional to stop and detain a driver absent a reasonable and articulable suspicion that the driver is unlicensed, that the car is not registered, or the car or occupant is subject to arrest for violation of law (e.g. motor vehicle violation, warrant, etc.).
Under New Jersey Law, the Appellate Division, visited this issue in the case of State v. Kirk, 202 N.J. Super 28 (App.Div.1985). In Kirk, the court ruled that checkpoints/road blocks administered by law enforcement are unconstitutional absent safeguards and procedures for ensuring supervisory control of checkpoints and advanced notice to motorists of the pending roadblock. By way of example, in State v. Moskal, 246 N.J. Super 12 (1991) the mandatory procedures must be in effect if the roadblock and subsequent DWI and/or refusal charges are to be sustained.
There are a litany of factors that must also be considered by a Court in determining the validity of a roadblock, as per State v. Kirk, infra. In light of these mandatory requirements, which must be adhered to by police in conducting a roadblock, an experienced and intelligent DWI lawyer is necessary in defending a DWI roadblock case. If you have any other questions or comments, please post them here or contact the Law Offices of Thomas Hugh Martin for a free initial consultation if you were charged with a DWI, DUI and/or a Refusal.
