Have you been pulled over in New Jersey? If you are stopped by the police, you have both rights and responsibilities. If signaled or requested to stop by law enforcement, you are obligated to pull over; produce your license, registration, and proof of insurance; and if asked, you must step out of the car. You should speak and act courteously to police officers, and follow their instructions - as long as you are not violating your rights by doing so.
Your Rights During a Motor Vehicle Stop
- Although it is wise to be cooperative, you don't actually have to speak to the police. Instead, you may invoke your right to remain silent and ask for an attorney.
- You can't be detained unnecessarily. Although there is no fixed amount of time that a traffic stop is allowed to last, the officer is required to use reasonable diligence when conducting the stop, interview, and possible search.
- If the officer says you have been stopped because you are at a "roadblock," that roadblock must meet certain criteria. As a defendant, you have the right to challenge the legitimacy of where and when the roadblock was set up. See State v. Mazurek, 567 A.2d277, 237 N.J.
- You do not have to consent to a search of your vehicle. However, if a police officer has "probable cause" to search your vehicle, they have the right to do so. In other words, she must be able to see, smell, or, in some other reasonable way, determine there is reason to suspect illegal items in your vehicle. It has also been established that an officer can search your vehicle when ""there is [a] reasonable and articulable suspicion to believe that [a motorist] has engaged in, or is about to engage in, criminal activity . . . beyond the initial valid motor vehicle stop." See State v. Carty, 170 N.J. 647.
- You have the right to legal representation. The officer must let you call or request an attorney.
If You're Not in a Vehicle
- The police can't hold you unless criminal activity on your part is suspected. Simply ask if you can leave.
- You don't have to produce ID unless you're presented with a summons. An exception to this is if you're stopped by Immigration and Customs Enforcement (ICE) officials.
- Police are not allowed to give you a pat-down or frisk you unless they suspect that you are carrying a weapon.
- Police are also not allowed to search your bags or purse unless they have probable cause. That means they have to believe they'll find evidence of a crime if they search any bags in your possession.
When There is Suspicion of DUI
According to the State of New Jersey Motor Vehicle Commission, if you receive a driver's license in New Jersey, you consent to taking a Breathalyzer test, otherwise known as "implied consent." If you refuse the test when an officer suspects you of driving under the influence,
- You will be taken to a hospital where your blood may be drawn.
- Your license will be suspended for seven months to one year.
- You could also be charged an extra fee in connection with your automobile insurance of $1,000 for each of three years.
Police are allowed to pull you over for observable vehicle violations, such as expired tabs or broken lights. They can also stop you for reckless driving and other moving traffic violations, including failing to stop at a red light. However, if you believe your rights have been violated during a traffic stop, you should contact an attorney as soon as possible.
Sources
"Breathalyzer test." State.nj.us. State of New Jersey Motor Vehicle Commission, n.d. Web. 15, June 2017.
Darragh, Tim. "What are your rights in New Jersey when stopped by police?" NJ.com. New Jersey On-Line LLC, 4 Aug 2015. Web. 16 June 2017.
State v. Carty. 170 N.J. 632 (N.J. 2002)
State v. Mazurek. 567 A.2d 277, 237 N.J. Super. 231 (1989). CourtListener.com. Free Law Project. Web. 09 June 2017.
Stim, Rich. "DUI Checkpoints in New Jersey." Drivinglaws.org. Nolo, n.d. Web. 15 June 2017.
"What to Do If You're Stopped by Police or Immigration Officials in New Jersey." ACLU. American Civil Liberties Union of New Jersey, n.d. Web. 9 June 2017.
Image by Scott Davidson from United States (Police Car Lights) [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons