We like to keep our readers advised of any roadblocks scheduled in NJ. This weekend a checkpoint is scheduled on Southbound Route 35, in Shrewsbury NJ, just down the street from our Monmouth County Office. Drivers will be pulled into Shrewsbury Plaza in order to assess sobriety.
The public is often confused as to why notice of these roadblocks is provided. Our constitution protects us from unreasonable search and seizure and also affords us due process under the law. These constitutional protections impose a fundamental requirement that the police possess probable cause or reasonable suspicion before they stop a motor vehicle. The Courts have carved out an exception from this requirement for roadblocks but have imposed several conditions in order to maintain fundamental fairness. First, the selection of the checkpoint location must be based on statistical data demonstrating that it is a prime location for incidents of drunk driving. Second, the police must afford notice to the public of the scheduled roadblock.
Anyone issued a DWI summons as a result of a roadblock is encouraged to retain the services of a NJ DWI Defense Attorney. To this end, our lawyers are available 24/7 to provide assistance.