Yes it is. An illegal traffic stop, that is, when police have stopped you and subjected you to interrogation without probable cause to do so, is grounds to fight and possibly quash any charge against you that stems from the stop.
Under the law, evidence gained from an illegal stop, like statements, field sobriety tests, or even Alcotest results, is not admissible in a court proceeding.
Police conduct is highly regulated and governed by long standing rules and norms, and violations of those rules and norms will damage any case the police try to build.
The problem with arguing probable cause when you’ve ultimately been charged with an offense is that the police and prosecutor will argue that the charge itself demonstrates the validity of whatever rationale, possibly developed after the fact, of the initial stop.
With DUI, the police may say that you were weaving or otherwise displaying indications of poor driving, making the stop legitimate.
An experienced New Jersey DUI attorney can effectively challenge the testimony of police and the evidence prosecutors will try to admit to use against you.
Matthew Reisig has helped more than 1,000 New Jersey drivers avoid conviction of DUI charges.
Call 732-625-9660 today and talk to an experienced New Jersey DUI lawyer for free.
