Role of a Tip Call in DUI Arrest

There are many circumstances that can cause a DUI arrest. Mobile phones have become so common, people now have the facility to give the tip to the police by calling 911 or police department about irresponsible driving suspecting DUI while on the road. To make it legal there are many evidentiary and law present. According to the National Highway Traffic Safety Administration (NHTSA), a speeding vehicle should not be considered as DUI/ DWI case at first instance.

Tip through 911 can be considered as reliable up to some extent as the caller provides the right information about the suspected vehicle so that police can be sure the detained vehicle is the same as described by the caller. However it doesn't make sure the given information was right or not. To detain a driver depending on a tip from another person is a complex type stop, especially where the official does not observe any real irregular activity by the ceased driver. Lawfully discussing, the cops can cease a driver determined by a tipster as a intoxicated car owner and take it over. By law, the cops must have some details that would otherwise rationalize a driver under the influence, such as irregular driving, or the breach of any traffic law that itself, would rationalize the detaining. If the police officer him or herself views some kind of traffic violation that provides enough reason to stop the vehicle then the tip has no importance.

Below are three points and one of them must meet the criteria to induce a DUI case by the cops

The car owner was arrested at a legal roadblock or checkpointThe cops must notice a breach of the lawThere must be a suggestive driving pattern of dui or drugs so as to offer an affordable doubt that a criminal activity has taken place

If you are held by the cops under DUI suspect by a tip call your New Jersey DUI lawyer can demand the information about the tipster like date and time description given by him or her and figure out if the information provided by the tipster was right and adequate enough to make the stop and if the case goes to trial you attorney can call the tipster in the court for cross examination as the constitution gives the right to do so.

There are so many complex aspects of a DUI / DWI cases that need the highest analysis by a certified NJ DUI lawyer. Detaining a vehicle based on irregular driving are more difficult to defend, and are often the main problems depended upon by authorities, prosecutors and most judges in the justice of motorists to set up that liquor or intoxicated drugs infect was the primary reason of erratic driving Therefore, you should immediately hire a NJ DUI lawyer who will take care of your case for you; your lawyer should examine all aspects of your situation to make your case in your favour. Your lawyer will do a specific assessment of your situation to figure out whether the preliminary stop and the causing police arrest were lawful or not and ultimately dismiss the charges against you.

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Guneet Kumar has published 40 articles. Article submitted on July 08, 2013. Word count: 520

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