If you’re facing charges for DWI or drug possession, you may have heard the term “probable cause.” Generally speaking, probable cause is a standard that is established when a reasonable person would believe that a crime is being committed or has been committed.
When determining whether probable cause existed, courts in New Jersey will consider the totality of objective facts that existed at the time of the determination. Since facts must be shown to prove that probable cause existed, probable cause cannot be established simply because an officer believes a crime has been committed or that a suspect was in the process of committing a crime.
So how does that relate to your criminal case?
Well, if you’re facing DWI charges but your vehicle was stopped without probable cause—meaning that the officer did not have reason to believe that you were in the process of committing a crime or had committed a crime—then the police stop was unlawful. As such, any evidence gathered after the stop including the results of your breath test should not be admissible in court, which would very likely lead to the dismissal of your case.
If you were arrested for a drug offense or DWI in New Jersey, there are several possible defenses that could work in your favor. As your Jersey City criminal lawyer, I will investigate your arrest to determine if police made any procedural errors that could be used in your defense. Call 973-453-2009 today to schedule a consultation at the Law Office of Eric M. Mark.
Common Procedural Errors Made by Police During DWI Traffic Stops
Not having probable cause to stop a suspect is just one of many common procedural errors that police make during DWI traffic stops. Since the majority of successful DWI defenses are based on procedural errors made by police, it is important that you hire a criminal lawyer who knows how to investigate your arrest to find mistakes that could be used in your defense.
Common procedural errors made during DWI traffic stops include:
- The police officer stopped your vehicle without probable cause;
- The police officer did not watch you for the required 20 minutes before administering the breathalyzer; and
- The police officer did not give you full and correct instructions before administering the breathalyzer or field sobriety tests.
It is also common for procedural errors to occur when drawing, transporting, or storing a blood sample. If your attorney can prove that protocols were not followed during or after your blood sampling, the results of your blood test may not be admissible in court.
If you are facing DWI charges and you failed the breath or blood test, it’s easy to assume that there’s no point in fighting your charges. But this is simply not true.
Contact my office today to discuss potential defense strategies that apply to your case. Call 973-453-2009 to schedule a consultation with a criminal attorney in New Jersey.