The first aspect of a drunk driving (DWI) case that must be examined is the probable cause for the initial traffic stop. This can range from speeding, to failure to maintain lane, to a motor vehicle accident, to a DWI checkpoint. According to New Jersey law, the police officer must have an articulable and reasonable suspicion that a violation of the traffic laws has occurred in order to effectuate a stop for DWI. This is known as the “probable cause” for the initial traffic stop.
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