a. New Jersey does not criminalize public intoxication. As is similar in other states, New Jersey’s policy is to treat, rather than prosecute, people who have alcohol problems.  However, even though public intoxication is not a crime in New Jersey, people who are intoxicated and operate a vehicle or other machinery in public can still be prosecuted and convicted of driving under the influence (DUI) or similar crimes.

b. The first step in defending a DWI/DUI is to obtain discovery which is the evidence that the police have and that they utilized to arrest you and to charge you with DWI. Once we have obtained the State’s evidence we can determine whether there are any defenses to the charge of DWI.

c. An initial determination must be made as to whether there a valid stop. We have a constitutional right to be free from unreasonable search and seizure.  The ends do not justify the means in constitutional law or our constitutional rights would be eroded.  In New Jersey the police officer must have a reasonable and articulable suspicion of a motor vehicle violation or some other violation of law in order to stop you.