Illegal Motor Vehicle Stop
Article I, paragraph VII of the New Jersey Constitution provides that all citizens have the right to be free of all “unreasonable searches and seizures.” As a result, law enforcement must have some legal justification for pulling you over. In New Jersey, the standard is that law enforcement must have “reasonable suspicion” that a crime has occurred or that a motor vehicle offense has been committed. If the State cannot meet that standard, all evidence obtained as a result of the motor vehicle stop may be suppressed and is inadmissible against you at trial.
One of the basic elements the State must establish in order to prove its case against you is operation of the motor vehicle. Depending on the facts of your case, operation may be at issue. There have been a number of cases that have addressed this issue of operation. In State v. Sweeney, 40 N.J. 359 (1963), the defendant was found sitting in the driver’s seat of his car, which was parked at the curb with the motor running. The Court held that the defendant could be convicted of “operating” his car if there was evidence that infers he intended to move the vehicle. In State v. Daly, 64 N.J. 122 (1973), the Supreme Court held that an individual parked outside of a bar at 3:20 a.m. with the lights on and motor running was not operating a motor vehicle and therefore cannot be charged with DUI.
Failure to Provide Discovery (evidence)
Pursuant to New Jersey Supreme Court case State v. Chun and the Rules of Court, the prosecution must provide all evidence in its possession as well as various discovery pertaining to the Alcotest 7110, the device utilized to test breath defendants’ breath samples (commonly referred to as a “breathalyzer”). If the State fails to provide this evidence, your defense attorney can file a motion to compel the production of evidence can be filed. If granted, an Order will be issued to force the prosecution to provide the evidence it is withholding. The State’s failure to comply with the Court’s order may result in the entire case being dismissed.
Understanding how the Alcotest 7110 must be utilized to establish accurate readings is essential. Daniel Rosenberg is one of only approximately 25 attorneys in New Jersey licensed to operate this device. As an Alcotest-certified DUI attorney, Daniel Rosenberg can tailor your defense based on the results of the Alcotest machine and any other evidence provided by the State.