Can the police stop me for no reason to check for DUI?

No. In New Jersey, police officers must have a specific and articulable reason to stop your vehicle. This usually means observing a traffic violation, equipment issue, or driving behavior that suggests impairment. Officers cannot lawfully pull someone over based on a hunch, a driver’s prior history, or generalized suspicion. Outside of properly conducted DUI checkpoints, a stop without a valid legal basis may violate constitutional protections against unreasonable searches and seizures. If the officer cannot clearly explain why the stop occurred, the legality of the stop may be challenged as part of your defense.

Do I have to perform field sobriety tests in New Jersey?

Field sobriety tests, including tasks like walking in a straight line or standing on one leg, are generally voluntary in New Jersey. Drivers are often unaware that they can decline these roadside tests. These exercises are subjective and can be affected by factors unrelated to alcohol, including anxiety, fatigue, medical conditions, or uneven pavement. While declining may lead the officer to rely on other observations, Whether performing or declining these tests was the right choice depends on the situation, which is why reviewing the stop with an attorney is important.

What happens if the officer made a mistake during my stop?

Mistakes made by law enforcement during a DUI stop can have a significant impact on your case. Errors may include stopping a vehicle without reasonable suspicion, improperly administering field sobriety tests, extending the stop without justification, or failing to follow required breath testing procedures. When these issues occur, certain evidence may be challenged or excluded in court. The outcome depends on the nature of the mistake and how it affected the investigation. A careful review of police reports, video footage, and testing records can help determine whether these errors created weaknesses in the prosecution’s case.

Can I challenge the reason I was pulled over?

Yes. The reason for the initial traffic stop is often one of the most important issues in a DUI case. Courts in New Jersey require that officers be able to clearly articulate the factual basis for stopping a vehicle. If the stated reason does not meet legal standards, or if it is contradicted by video or other evidence, the stop may be ruled unlawful. When a stop is invalid, evidence gathered afterward may be subject to suppression. Challenging the basis for the stop requires careful legal analysis and is often a key component of an effective defense strategy.

When should I contact a lawyer after a DUI stop?

It is best to contact a lawyer as soon as possible after a DUI stop or arrest. Early legal guidance allows for prompt review of the traffic stop, preservation of evidence, and identification of potential defenses. Important deadlines related to court appearances, license suspension issues, and administrative penalties can approach quickly. Waiting too long may limit available options. Speaking with an attorney early can also help you understand what to expect, reduce uncertainty, and ensure that your rights are protected from the very beginning of the process.

New Jersey DUI Traffic Stop Lawyer | Drunk Driving Ticket Attorney Hamilton NJ

Pulled Over for Suspicion of a DUI? How a Drunk Driving Ticket Attorney in Hamilton, NJ Can Help Fight for Your Rights

A traffic stop for suspected drunk driving can be intimidating, confusing, and stressful, especially if you are unsure why you were pulled over or what you are required to do. The circumstances surrounding a DUI stop matter far more than many drivers realize. Law enforcement officers must follow specific legal rules when stopping a vehicle, questioning a driver, and conducting sobriety testing. When those rules are not followed, it can create meaningful opportunities for a New Jersey DUI traffic stop lawyer to challenge the charges against you.

If you were stopped on suspicion of driving under the influence, you need the guidance of an attorney familiar with the specific nuances of DUI/DWI defense. At The Scardella Law Firm LLC, we recognize that details about the traffic stop, such as the officer’s stated reason for the stop, the duration of the detention, and the testing methods used, may all impact your defense. Speaking with a drunk driving ticket attorney in Hamilton, NJ, early in the process can help you understand whether your legal rights during the DUI arrest were respected and whether the stop itself can be challenged.

If you are worried about what happened during your stop or about the potential consequences of DUI charges, contact us today to schedule a free, confidential consultation. We have a history of working with individuals throughout Hamilton and surrounding New Jersey communities who are facing DUI charges and need clear, honest guidance to protect their driver’s licenses, records, and future opportunities.

Facing Criminal Charges? We Can Help.

When your rights, freedom, and future are at risk, you need a strong defense. Lauren Scardella fights aggressively for her clients at every stage of the legal process. Contact us today to schedule your free consultation.

10 Things To Do When a Cop Stops You for a DUI

How you respond during a traffic stop can affect both the immediate encounter and your defense later. Staying calm and informed can help prevent misunderstandings and unnecessary complications.

Pull over safely: Signal and stop in a safe location as soon as it is reasonably possible.
Remain calm: Keep your hands visible and avoid sudden or unnecessary movements.
Provide required documents: Present your license, registration, and proof of insurance when requested.
Be polite: Maintain a respectful tone throughout the interaction.
Avoid volunteering information: Respond to basic identification requests without explaining where you were or what you consumed.
Understand field sobriety tests: These tests are often voluntary and can be declined in many situations.
Know breath test rules: New Jersey’s implied consent laws generally apply to breath testing at the police station.
Do not argue roadside: Disputes about the stop or investigation should be addressed later through the legal process.
Observe officer behavior: Take note of instructions, statements, and the length of the stop.
Contact an attorney promptly: Early legal guidance can help preserve potential defense issues.

Following these steps does not guarantee a specific outcome, but it can reduce the risk of additional charges or misunderstandings. What happens after the stop often depends on whether the officer followed proper procedures.

What Happens During a DUI Traffic Stop in New Jersey

A DUI traffic stop typically begins with an officer observing what they believe to be a traffic violation or signs of impaired driving. After pulling a vehicle over, the officer may ask routine questions and observe the driver’s speech, coordination, and demeanor. These observations are often used to justify further investigation.

If the officer suspects impairment, they may request field sobriety tests or ask preliminary questions about alcohol consumption. Field sobriety tests are designed to assess balance, coordination, and attention, but they are subjective. Performance on these tests can be affected by fatigue, medical conditions, or anxiety. Drivers are often unaware that these tests are not always mandatory.

Depending on the circumstances, the officer may then arrest the driver and transport them to a police station for further testing. A breath test at the station is generally required under New Jersey’s implied consent laws, and breath test refusal can lead to separate penalties. A New Jersey DUI traffic stop lawyer can later review whether each step of this process complied with state law.

Your Rights During a DUI Traffic Stop

Even during a DUI investigation, drivers have important constitutional and statutory rights. Understanding these protections can help you recognize when law enforcement may have crossed legal boundaries.

You have the right to remain silent beyond providing basic identification. You also have the right to be free from unreasonable searches and seizures, meaning an officer must have a lawful basis for extending a stop or conducting additional testing. In many cases, drivers may lawfully decline roadside sobriety tests without immediate criminal penalties.

You are also entitled to due process, which includes proper administration of breath testing and adherence to established procedures. When these rights are violated, it may weaken the prosecution’s case. A New Jersey DUI traffic stop lawyer at The Scardella Law Firm LLC can evaluate whether your rights were respected from the moment the lights came on.

How an Unlawful Police Stop Can Impact Your DUI Case

The legality of the initial traffic stop is one of the most important factors in a DUI case. If an officer did not have a valid legal reason to stop your vehicle, evidence gathered afterward may be challenged or suppressed.

An unlawful stop can affect a DUI case in several ways. Evidence such as officer observations, field sobriety test results, and even breath test readings may be excluded if they stem from an improper stop. Courts carefully examine whether the officer had a reasonable, articulable suspicion of a traffic violation or criminal activity before initiating the stop.

Challenging the stop requires close analysis of dashcam footage, police reports, and testimony. Experienced defense counsel can identify inconsistencies or legal flaws that may not be obvious at first glance. These challenges can significantly impact the strength of the prosecution’s case.

What Constitutes Reasonable Cause for a Lawful DUI Stop

For a traffic stop to be lawful in New Jersey, an officer must have a reasonable and articulable suspicion that a traffic law has been violated or that criminal activity is occurring. This standard is lower than proof beyond a reasonable doubt, but it still requires objective facts.

Examples of lawful reasons for a stop may include observed traffic violations, such as:

Speeding
Improper lane changes
Running a red light
Equipment issues

Erratic driving behavior that suggests impairment may also justify a stop. However, generalized suspicion, assumptions about a driver, or reliance on prior history alone are not sufficient.

New Jersey courts have addressed these issues in multiple cases, emphasizing that officers must be able to clearly explain the factual basis for a stop. If the reason given does not meet legal standards, the stop may be deemed invalid. Reviewing this issue with a New Jersey DUI traffic stop lawyer can help determine whether reasonable cause truly existed in your case.

How The Scardella Law Firm LLC Can Help With DUI Traffic Stop Cases

Facing a DUI charge can feel overwhelming, particularly when you are unsure whether the stop was lawful or whether mistakes were made. At The Scardella Law Firm LLC, we focus on helping clients understand their options and feel supported throughout the legal process.

Our firm works closely with clients to examine every aspect of the traffic stop and arrest. This includes reviewing police reports, video evidence, testing procedures, and timelines. We know that identifying procedural errors or constitutional violations can open the door to meaningful defense strategies.

As a DUI traffic stop attorney, our firm helps clients navigate court appearances, license issues, and administrative penalties while maintaining clear communication at every stage. Clients are guided step by step so they can make informed decisions about their defense.

What a Drunk Driving Ticket Attorney in Hamilton, NJ, Can Do for You After a Traffic Stop

After a DUI traffic stop has ended, the real legal work begins. Many drivers assume the case is already decided based on what happened roadside, but a drunk driving charge in New Jersey involves multiple legal stages that extend far beyond the initial stop. The actions taken after an arrest can shape the outcome of the case just as much as the officer’s observations.

A drunk driving ticket attorney in Hamilton, NJ, can step in early to manage the process, protect your interests, and prevent small issues from becoming larger problems. This includes reviewing charging documents for accuracy, ensuring deadlines are met, and addressing both court-related and administrative consequences tied to the arrest.

Key ways an attorney can assist after a traffic stop include:

Evaluating the strength of the state’s evidence: Police reports, breath test records, calibration logs, and video footage are reviewed to identify weaknesses or inconsistencies.
Handling court appearances and filings: Motions, discovery requests, and negotiations are managed to ensure procedural requirements are met.
Addressing license-related consequences: Guidance is provided on potential suspension issues, ignition interlock device requirements, and steps to maintain driving privileges when possible.
Advising on DUI plea bargain options and case resolution: Clients receive clear explanations of available paths forward and the potential consequences of each choice.

By taking a structured, informed approach after the DUI traffic stop, legal counsel can help reduce uncertainty and ensure that decisions are made with a full understanding of their impact. Having a drunk driving ticket attorney in Hamilton, NJ, involved in your case early allows you to move through the process with clarity rather than guesswork.

Why Choose The Scardella Law Firm as Your New Jersey DUI Traffic Stop Lawyer?

Choosing legal representation after a DUI arrest is an important decision. Clients often seek a firm that listens carefully, communicates clearly, and takes their concerns seriously.

At The Scardella Law Firm LLC, we are committed to responsive communication and individualized attention. Clients are not treated as case numbers, but as people dealing with real stress and uncertainty. Our firm prioritizes clarity, honesty, and consistent updates so clients always know where their case stands.

Focused Practice on DUI and Traffic Matters

We provide comprehensive representation against drunk and drugged driving allegations, handling all types of DUI charges as well as traffic violations and related issues. These matters can often be handled efficiently through courts that allow remote appearances.

More Than 15 Years in Legal Practice

Our clients benefit from seasoned judgment developed through years of defending individuals in New Jersey courts since 2009.

Personal Attention and Clear Communication

Each client receives direct guidance, timely updates, and thoughtful answers to help reduce stress and uncertainty throughout the legal process.

Support Beyond the Immediate Charge

Assistance is also provided with expungements and other steps that can help clients move forward after a case is resolved.

Working with a drunk driving ticket attorney in Hamilton, NJ, who understands local courts and procedures can provide reassurance during a difficult time. Our firm always aims to deliver practical, accessible representation while remaining responsive to clients’ needs and focused on outcomes that protect their future.

Protecting Yourself After a DUI Traffic Stop

If you were arrested after a traffic stop, time matters. Evidence can disappear, memories fade, and deadlines approach quickly. Speaking with a New Jersey DUI traffic stop lawyer early allows for a thorough review of the stop and the actions taken by law enforcement.

Do not assume that a charge means a DUI conviction is inevitable. Many DUI cases hinge on technical details that can be challenged with the right preparation.

Contact a New Jersey DUI Traffic Stop Lawyer at The Scardella Law Firm Today for a Free 15-Minute Case Review

A DUI traffic stop can leave you with unanswered questions, anxiety about what comes next, and concerns about how the charge may affect your license, record, and future. You do not have to sort through those concerns on your own. Speaking with a New Jersey DUI traffic stop lawyer can help you understand whether the stop was handled properly and what options may be available to challenge the charge.

At The Scardella Law Firm LLC, we offer a free 15-minute case review via telephone to discuss the circumstances of your stop, explain the process ahead, and help you determine your next steps. Contact the Scardella Law Firm online or call 609.371.5285 today.