Probable cause for a stop
The first question I ask when an individual consults me on DWI case is, was there probable cause for the stop? Was there a reasonable basis for the encounter between the police officer and my potential client? Probable cause or reasonable basis for a stop can range from an onboard computer check. In New Jersey, people don’t understand, most police vehicles have an onboard computer and police officers routinely input license plates. So, somebody’s license plate comes back as suspended, no insurance, some other expired registration, that’s in fact probable cause for a stop. You know, obviously, that’s one side of the coin. The other side of the coin is the invariable citation for failure to maintain lane, officers are alleging that the individual couldn’t maintain his lane. There is also a litany of other offenses that could give raise to probable cause whether speeding; was there some equipment violation with lights not on. Often times I speak to police officers and the major reason why they stop people for DWI is because the person is driving without their lights on, ok. That’s like the most common reason for a stop. The point is, there has to be some reasonable basis to believe that a violation of the law is or has been committed and if that the police can substantiate that the stop was supported by probable cause.
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