As we mentioned a few weeks back, many cities and towns throughout the Garden State have received funding for enhanced DWI patrols and drunken driving checkpoints (also referred to as DWI roadblocks). Many of these municipalities also happen to have some of the highest arrest rates in the state, which may in part be doe to the additional funding, or could be attributable to the zealous nature of their police force, at least as it applies to enforcing drunken driving laws.
As a New Jersey DWI defense attorney, my firm represents numerous drivers from counties such as Middlesex, Bergen, Hudson and Union who have been accused of driving while intoxicated, impaired driving due to prescription medication as well as breath test refusal and marijuana possession in a motor vehicle. It goes without saying that a percentage of these individuals likely were stopped in areas receiving funding for increased DWI enforcement.
As we have said before, suspicion that a driver may have had too much to drink is not sufficient grounds for the police to stop a vehicle. In order for a drunken driving arrest to be valid, the officer in charge must first have reasonable suspicion that a traffic infraction has been committed; this usually means that the officer must first observe the driver of a car or truck perform an illegal traffic maneuver, exceed the posted speed limit, operate his or her vehicle with some kind of equipment problem, or another kind of traffic offense.
