The first question I ask when an individual consults me on a DWI case is was there probable cause for the stop.  Was there a reasonable basis for the encounter between the police officer and my potential client?  Probably cause or a reasonable basis for a stop can range from an onboard computer check.

In New Jersey people don’t understand most police vehicles have an onboard computer and police officers routinely input license plates, so if somebody’s license plate comes back as suspended, no insurance, some other expired registration, that is in fact probably cause for a stop.

You know obviously that’s one side of the coin, the other side of the coin is the invariable citation for failure to maintain lane; the officer is alleging that the individual can’t maintain his lane.  There’s also a litany of other offenses that could give rise to probably cause, were they speeding, was there some equipment violation, were the lights not out.  Often times I speak to police officers and the major reason why they stop people for DWIs is because the person is driving without their lights on.  That’s the most common reason for a stop.

The point is there has to be some reasonable basis to believe that a violation of the law has been committed and if the police can substantiate that, the stop was supported by probable cause.