Probable Cause for a DUI Stop in New Jersey
Morristown Drunk Driving Attorneys
Attorney John Tierney represents clients charged with driving while intoxicated (DWI), refusal to submit to a breath test, and DWI in Dover, Denville, Morris Plains, Rockaway Township, Mountain Lakes, Parsippany, Whippany, Mount Olive, and more. We have extensive criminal defense experience and our team has conducted over 40 trials in both New Jersey and New York venues. John Tierney had several Trial Court leadership positions as an Assistant District Attorney in Bronx County, New York. We continually represent clients throughout Morris County and Northern, New Jersey. Aggressive, accountable, vigilant, and with our clients’ aims always in our sight, we intend to earn your trust. Please contact us at 973-379-4200.
Assessing the Police Investigation: Articulable Suspicion and Probable Cause
Whether you provided a breath sample to the police or refused (Refusal Charge), our Attorneys will press the State from the outset of their investigation. Don’t plead guilty and please contact us to evaluate your case. Even before we assess the conduct of the police in the operation of and instruction for the breath tests, John Tierney will test whether your initial stop was lawful, constitutional, and correctly implemented. Through the New Jersey and New York Constitutions, which incorporate, at a minimum, the holdings of the United States Supreme Court, the police must have an articulable and reasonable suspicion that a traffic violation occurred in order to lawfully conduct a traffic stop. See, Delaware v. Prouse, 440 U.S. 648.