Sea Bright DWI Roadblock and/or Checkpoint

Posted on August 13, 2009 by Tom Martin

SEA BRIGHT — A joint task force made up of members from the Monmouth County DWI Task Force and Sea Bright Police Department will conduct a roadblock this weekend to detect drivers under the influence of alcohol and/or drugs. If arrested for driving while intoxicated, you can be charged with N.J.S.A. 39:4-50 (DWI), N.J.S.A. 2C:35-10 (possession of a cds) and/or N.J.S.A. 39:4-49.1 (possession of cds by the operator of a motor vehicle).

 
The roadblock will run between 11:00 p.m. Saturday evening and run through 3:00 a.m. Sunday on Route 36. The members will direct vehicles from the northbound lanes into the Peninsula House parking lot to determine drivers' sobriety. The reason the Police post the whereabouts of these DWI stops is because the police are required to follow a strict protocol or the charges can be dismissed against the defendant.
 
By: Thomas H. Martin, Esq.
www.jerseycriminallawyer.com 
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Drug Arrest Follows Equipment Violation

Posted on August 8, 2008 by Tom Martin

LAKEHURST, NJ: A resident of Toms River was arrested and charged with N.J.S.A. 2C:35-10 and N.J.S.A. 2C:36-2, which are possession of less than 50 grams of marijuana and possession of paraphernalia after being stopped for an equipment violation due to a broken tail light early Thursday morning along Route 70.

Police said the man was pulled over by Ptl. Jeffrey Emmons at 1:35 a.m. As the officer approached the car he smelled burnt marijuana. Under search and seizure law, if the tail light was broken, the cops had a reasonable and articulable suspicion to stop his vehicle for an equipment infraction. Thereafter, there was probable cause to search the vehicle under the "plain smell" doctrine. However, to truly determine if the search and finding of the marijuana was valid, one would have to view the police reports. If there is an issue with the legality of the search, the man can file a Notice of Motion to Suppress Evidence.


 

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