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New Jersey Drunk Driving Checkpoints

By Lependorf & Silverstein

During the holiday season, almost all municipalities in the State of New Jersey are more vigilant than ever in trying to arrest drunk drivers. One very common technique that is utilized by municipal police departments during this time of year is what is commonly referred to as a DWI-check point. In our state, the stopping of a motor vehicle at a New Jersey DWI check point is considered a seizure within the meaning of the Fourth Amendment to the United States Constitution and, thus, it is subject to strict review pursuant to that Amendment. In determining the constitutionality of a roadblock, the following factors must be considered: the degree of discretion, if any, left to the officer in the field; the location designated for the roadblock; the time and duration of the roadblock; standards set by superior officers; advance notice to the public at large; advance warning to the individual approaching motorist; maintenance of safety conditions; degree of fear or anxiety generated by the mode of operation; average length of time each motorist is detained; physical factors surrounding the location, type, and method of operation; the availability of less intrusive methods for combating the problem; the degree of effectiveness of the procedure; and any other relevant circumstances which might bear upon the test...continue to full post

Full post as published by New Jersey Criminal Defense Blog on December 30, 2008 (boomark / email).