DWI Charge in NJ

[rekrap95]

I was charged with DWI in NJ.

Shortly after leaving the bar lot making a LEFT onto the road I was stopped as an officer was coming in the opposite direction. I don't remember much of the stop itself or what the officer's reason for stopping me was as I was quite upset about the situation.

After being released from the Police Station I had two tickets in my possession, Reckless Driving and DWI. I lawyer-ed up and the court date was postponed.

Later that week I received mail from the Police with an additional ticket, Failure to Observe Signal. This is the officer's reason for stopping me. He THOUGHT I made a left at the light on the opposite side of the bar on the intersecting road.

However, I went and spoke to bar management and obtained video footage of me making a LEGAL left hand turn from the lot and NOT at the light which the officer claims I did. I just turned this information into the lawyer today and did not hear his comments on this evidence although he sounded surprised/elated by this.

Based upon this new evidence and the officer not having a probable cause to stop me in the first place, do I stand a chance as to getting the charges suppressed and the case dismissed?

 

[FlyingRon]

Just because you're not guilty of the charge doesn't necessarily invalidate probable cause. If they wrote you up for reckless driving he probably saw more things than just an alleged illegal left turn.

You need a lawyer.

 

[rekrap95]

Reckless comes automatically with a DWI in NJ whether you drive straight as an arrow or into oncoming traffic. Which is why I was asking this question.

His reason for stopping me was the Failure to Observe Signal, which based upon the evidence I have is clearly not true and was his original reason for stopping me. The video I have you can see me leave the parking lot up to his lights coming on and following me into the convenience store where I was headed. No erratic driving involved.

I do remember him saying "You made that turn... Something" when he approached my window.

Now that I have something challenging his probable cause for pulling me over I wanted to know my chances of beating the whole thing.

And I have a lawyer, just cant contact him at 9pm... I am here looking for a quick answer in lieu of the new evidence.

 

[Ohiogal]

While he may have been wrong, he still had probable cause that he could articulate as a reason for stopping you. If you then failed the FSTs and/or the breathalyzer then you won't necessarily find the DWI dismissed.

 

[FlyingRon]

I believe I said that. Just being innocent of the charge doesn't invalidate the probable cause. I got stopped late one night because the cop thought it was suspicious that I waited at a deserted red light to make a right turn for an extended time. I pointed out that there was a NO TURN ON RED sign there.
Fortunately, I don't drink and drive so we just exchanged pleasantries. In fact, I did ask him for some directions on how to get to where I was going.

 

[jerryp2375]

The officer most likely used the line "you made that turn pretty wide", to establish cause to pull you over. I had that same exact line given to me in NJ by an officer as I was pulled over for supposedly making a wide turn, which ended up in the same result in a DUI. I however did not just pull out from a bar parking lot, but I am sure that the officer did notice you coming from there or that direction, and therefore used the "wide turn" excuse to pull you over because he did not physically witness you get into the car to show any signs of being intoxicated. I do find it odd that police officers in NJ will sit in the parking lot to a bar or directly across the street, witness someone too intoxicated to drive, yet instead of stopping them from getting in the car, they will wait until they pull away and then pull you over. I have witnessed this several times at different establishments over the years. If the point is to keep the roads safe, why not stop them from getting in the vehicle in the first place? Anyway, good luck and know this, NJ does not mess around when it comes to DUI and I'd follow the advice of your attorney.