Potential for abuse of discretion during DUI stops?

April 12, 2013 (Press-News.org) Potential for abuse of discretion during DUI stops?

Article provided by Marianne F. Auriemma
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When a motorist sees flashing lights in his or her rearview mirror, it is not uncommon for nerves to take over. Most people have very infrequent contact with law enforcement, and the feelings of "being in trouble" can lead to panic and uncertainty. Police officers may observe these behaviors and use it as evidence to turn a normal traffic stop into a DUI/DWI investigation.

A recent high-profile DUI/DWI stop in New Jersey has led to a lot of questions about the methods that police officers may use when trying to uncover evidence of impairment. The officer involved in the case is currently facing criminal charges for his behavior during and after the stop.

A New Jersey Assemblyman was stopped by an officer in Washington Township. The officer said that the motorist had cut him off earlier, which is what led to the officer decided to pull the vehicle over. During the stop, the officer stated that he smelled alcohol on the motorist's breath. Field sobriety tests were administered, and the motorist was arrested after he allegedly failed these tests. The driver refused to submit to a breath test after the arrest.

However, when the dashboard tape of the stop is examined, there appear to be some serious issues with the officer's story. The motorist did not ever cut the officer off at any point. In fact, the officer had pursued the motorist for nearly two miles before stopping the vehicle. Other discrepancies have also been found in the report, and the current investigation may lead to jail time for the officer.

This case highlights some of the issues that can often arise when police suspect that someone is operating under the influence. Officers are given wide discretion to investigate motorists that may be impaired. If an officer notices any type of traffic violation, they may pull a motorist over. During the traffic stop, the officer alone has the power to decide if there is enough evidence to proceed with field sobriety tests. The officer also decides whether or not the motorist has passed these tests.

Additionally, New Jersey is an implied consent state. This means that in order for motorists to operate motor vehicles on state roadways, they agree to submit to a breath test if ordered by law enforcement. Refusal can result in a mandatory license revocation. A breath test that shows a motorist is impaired can then be used to pursue a DWI/DUI conviction.

If you are facing drunk driving charges, it is important to know the options that are available for your situation. Subsequent alcohol-related offenses will only increase the potential penalties that may result if convicted. Speak to an experienced criminal defense attorney to understand how best to protect your rights.