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Can I file a Motion to Supress in a DUI case based on lack of reasonable suspicion?

Morris Plains, NJ |

In arrest report, officer indicates, "Specifiaclly, the vehicles passenger side tires crossed the right shoulder line, then the drivers sidew tires weaved back toward the dotted white line, almost crossing them. I observed this several times in a quartre of a mile and then effected a traffic stop.

Here's the catch. . . there is no right shoulder line on the road for almost a full mile prior to the point of the stop. He literally could not have observed what he indicates he "specifically observed:

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Attorney answers 5

Posted

You are clearly on the right track.

In NY there is recent caselaw covering a lack of probable cause where the only allegation is crossing a fog line. I do NOT know what the state of the law is in NJ.

You might consider hiring a lawyer who knows how to phrase the motion; you may end up making unintended admissions.

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Posted

You have the right idea, and there is caselaw in New Jersey that addresses that specific fact pattern. The specifics of how far the car drifted, how many times, and other facts will determine the outcome. Filing such a motion is easy. Asking the right questions and winning the motion is a lot harder. Call me to discuss the case further.

This answer does not create an attorney-client relationship and is based only on the limited information provided in the question.

Asker

Posted

Is crossing a line that doesn't exist any different than running a stop sign that doesn't exist? How can the officer testify about how far over the line I went, when there is no line?

Eric M. Mark

Eric M. Mark

Posted

I would be happy to discuss this issue with you, and other issues about the incident, but an online forum open to public view is not the place to do that. Please call me, at no charge, if you would like a consultation on this matter.

Asker

Posted

I don't want to lead you on. I have alreday retained an attorney. I'm tryng to gauge the quality of his advice. The officer provided specific observations that are impossible to have occurred, can he just say "never mind" . . . .but you were still weaving?

Eric M. Mark

Eric M. Mark

Posted

If you have an attorney, these questions should be addressed to him. If you are not satisfied with him, you can end the relationship at any time. It would be inappropriate for another lawyer to offer you advice based on partial information knowing you are represented by counsel. You need to be confident in your attorney and comfortable with him. If you are not, then you may not have the right attorney.

Posted

Erratic driving observed by law enforcement may give rise to a police stop under the community caretaking doctrine. You will need video of the 1 mile stretch of road that you mention. You will also need an attorney to file and argue your motion to suppress.

Answers to questions are for general purposes only and do not establish an attorney-client relationship.

Posted

YES. get an attorney in the jurisdiction where you lice. There are federal cases that question this as probabvly cause...depends upon your jurisdicton. get an attorney in New Jersey asap

Posted

You would have a right to file a motion and to get a hearing before a judge. This hearing would determine if the officer had the right to pull over your vehicle. The officer would be subject to cross examination by you or your attorney. This can be a very powerful tool to try to get your case dismissed. You would have the right but not the obligation to testify at the hearing. Clearly, you could attempt to introduce into evidence photos of the location to impeach (show to the judge that the officer is mistaken or less than truthful) in his testimony.

Good Luck-

Carl Spector

Note: For informational purposes only.

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