Prosecutor Marlene Lynch Ford announced today the continuation of a countywide DWI checkpoint program. The program consists of numerous checkpoints set up throughout Ocean County and is designed to regionalize and supplement local DWI enforcement. “The purpose of these efforts is to detect, educate, deter, arrest, and vigorously prosecute impaired drivers, who each year are responsible for about a third of the deaths occurring on Ocean County roadways”, the Prosecutor’s Office said in a statement.
In 2011, the DWI checkpoints and enforcement was increased which assisted in successfully decreasing the fatal crashes in Ocean County from 58 fatal crashes in 2010 to 53 fatal crashes in 2011.
The checkpoint program, which is funded in part by the Ocean County Board of Chosen Freeholders and the New Jersey Division of Highway Traffic Safety, will be conducted by local police agencies in conjunction with investigators from the Prosecutor’s Office and Sheriff’s Department K-9 Unit focusing on both intoxicated and drug impaired drivers. The program is operated through the Prosecutor’s Vehicular Homicide Unit under the direction of Supervising Assistant Prosecutor Steve Cucci and Lieutenant Elliot Morgan. TLS.
There is a checkpoint on squankum.
You are not obligated by law to comply with a check point you dont even have to roll down your windows, by law you are only allowed to be stopped if seen doing something illegal, or the officer has reason to think your drunk. dont give up your freedoms in the name of safety because you will end up with neither. I will not comply
Hey Elliot you are SO WRONG!!! The check points are legal and if you run it you better have bail money!
you sir are wrong, if you are a licensed driver you must stop and obey the checkpoint, if not you will be spending thousands in legal costs and fines…….if you have nothing to hide why not follow……….
All you read the law! ONLY it there is reason to believe you are violating a law are they allowed to stop you.
In a 5 to 4 decision in the 1990 Michigan v. Sitz case, the U.S. Supreme Court ruled that DUI checkpoints are in fact legal in the United States, arguing that the intrusion into people’s lives – which many still believe to be a violation of the Fourth Amendment’s protection against illegal search and seizure – was justified by the public good done through removing drunken drivers from the road and potential decrease in driving under the influence caused by raising awareness.
New Jersey is one of 39 states that continue to abide by this ruling today, so DUI checkpoints are considered legal as long as they follow the guidelines set down by the state. Some things a New Jersey DUI attorney might look into to determine whether a particular roadblock meets with these guidelines include:
How long each driver was stopped at the checkpoint
Did police take steps to ensure the safety of motorists?
How were the location, timing, and duration of the checkpoint determined
Whether the police used a specific formula to determine which drivers to stop
Where field sobriety tests were performed, and who conducted them
Where chemical tests were given, and who conducted them.
Was advance notice of the checkpoint provided to the public?
Did the checkpoint have official lights, warning signs, and uniformed personnel?
Were drivers turned away from the roadblock without being detained?
If You Come Across a DUI Checkpoint in New Jersey:
The first thing you need to know is that you have the legal right to turn away and find another route before you come upon the checkpoint. A driver simply seeking an alternate route is not enough of a reason for New Jersey police to detain you. However, if you decide to do this, make sure that you are careful to obey all traffic laws and only execute a legal traffic maneuver. Breaking a traffic law to avoid the checkpoint is a sure way to get the police to pull you over.
If you choose to go through the DUI checkpoint, above all remember to remain calm and polite when dealing with the officer so that you’ll pass the so-called “attitude test.” You want to come to a complete stop and lower your window to speak with them. Be careful about lowering it too much, because part of their job is to lean into the window to sniff out alcohol and look for signs of intoxication. The officer will likely ask for your name, address, license, and registration info, and you should have this information ready to provide it to them. Most likely, they will just take a look at this and let you drive on. But if they do continue to ask questions beyond this, however, such as where you’ve been and whether or not you’ve been drinking – don’t answer!
You are not required to answer anything besides personal contact information, so simply decline in a polite manner any questions beyond those. If you answer some questions and then refuse others, it can seem like you’re hiding something, so a blanket refusal to answer is best. If the officer persists, you can always say that you would like to speak to a lawyer.
At this point, you might be asked to take a field sobriety test. Refuse this as well. You are not required to take it, and most DUI attorneys in New Jersey will tell you that they are designed for you to fail – especially since your results are determined by the subjective opinion of the officer administering it! The only thing you’re doing if you agree to take this test is giving the prosecution more evidence to use against you.
Thank you #7 i did not know all this, a very intelligent and factually helpful answer (I did use Reb Google to double check you:-)
#3 by refusing to stop and cooperate with the police, you give them just cause to suspect a violation. Then they can detain and test you etc.
Oh My God. Who is this always right and what law school did he fail out of. If anyone takes his advice you are going to go to jail. It is against the law to turn away from a check point if its posted that you are not allowed to. Once stopped at a check point it is as if the officer has pulled you over so it is against the law to refuse to answer any questions at this point, you will be arrested. If asked to take a sobriety test it is against the law to refuse a direct lawful order from a police officer, you will get arrested. If, on a traffic stop, which a check point is, if you ask for a lawyer you will be laughed at by both the officer and the lawyer you call. My advice. If your drunk don’t drive especially since by state law the public needs to be notified of check points, there locations and times prior to them being used. And I’d your not drunk, go through it,cause you have nothing to worry about…..don’t take that other guys advice unless you want to see what prison is like.
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