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VICTORY AT LAST!! (On a DWI, no less)

Every once in a while, you really CAN work some magic for a client, even on DWI matters. I very recently represented a man in Florham Park Municipal Court who was charged with this very serious offense.

Factually, the case involved an "anonymous tip" from someone that the client was allegedly drinking with. Apparently, strong words were exchanged and my client left the party, so to speak. The other gentlman called the police, basically saying that " a possible intoxicated driver" was on the road; that he just KNEW that the person was intoxicated and that there was BEER in the car!! He went on to describe the make and model of the car and the direction in which it was headed. NOTHING was mentioned about the way my client was driving (maybe you can see where I'm headed with this).

Anyway, Florham Park dispatch puts out on the radio about the car, stating "possible intoxicated driver" and nothing more. An officer happens to be in the vicinity, and begins to tail my client at a red light, turning on his in-car video camera. The video shows that once the light turns green, the client slowly accelerates though the intersection. Shortly thereafter, the officer turns on his flashing lights. My client engages his turn signal and begins to pull over. He again signals and pulls into a parking lot where he stops his car and waits for his impending doom.

The police pool him out of the car to begin the usual festivities and shortly thereafter he is arrested and charged with DWI.

I immediately filed a Motion to Suppress. Insufficient probable cause, I argue!! That tip wasn't enough: no information about his DRIVING was provided. After oral argument wherein I cited to recent caselaw, the judge agreed!! The tip, which lacked any information about the defendant's driving, wihout some corroboration by the arresting officer is NOT ENOUGH to justify the initial traffic stop. Case dismissed, client happy.

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