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New Jersey High Court Stirs Up DUI Stop Rules

By Lependorf & Silverstein

The New Jersey Supreme Court has ruled that a person can be stopped on suspicion of drunk driving on the basis of a reliable report that the person was intoxicated. According to a news report in The Star Ledger, the decision was based on a case where a teenager called police and reported that her father had gotten into his car drunk and driven off after an argument with her. The high court apparently ruled that the police stop was valid in spite of the fact that the officers who arrested the man did not have an independent reason to believe that he was intoxicated. According to reports, the man was not driving erratically. The Superior Court and Appellate Court had concluded that the stop was improper. The New Jersey Supreme Court overturned those decisions by the lower courts.continue to full post

Full post as published by New Jersey Criminal Defense Blog on February 22, 2009 (boomark / email).