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Controversial Videotaped Checkpoint Stop Demonstrates Complexities of DUI/DWI Law

One 4th of July weekend DUI/DWI checkpoint in far away Tennessee has made national news over the weekend when a motorist hid a camera in the passenger seat and decided to test the extent of his constitutional rights.

The edited video of this encounter now has nearly 3 million views on YouTube:

Now you know why New Jersey is considering placing cameras in every police car designated for traffic duty!

We’ve discussed the nuances of DWI/DUI checkpoints before here at our New Jersey legal blog. The policeman featured in the video above isn’t completely wrong when he says that the U.S. Constitution doesn’t necessarily afford the same protections to a motorist at a valid checkpoint as it does to a driver operating a vehicle under ordinary conditions; in a majority of U.S. states including our own state of New Jersey, rightly or wrongly, motor vehicle sobriety checkpoints do not constitute illegal “searches or seizures.”

That said, the police are obviously bound to abide by certain procedures mandated by both statute or the U.S Constitution. The first step in mounting a successful DUI/DWI defense always involves examining the constitutionality of the initial stop itself. DeMichele & DeMichele attorneys will closely evaluate the circumstances surrounding your DUI/DWI stop to ascertain whether the police had cause to pull you over in the first place. We will then proceed to analyze the state’s case, point-by-point, to protect your rights and hold the state to its proofs.

DWI/DUI convictions carry severe consequences for our clients including fines, license suspension, and secondary effects to employment and one’s lifestyle. The good news is that we’re here to help.

Before you plead guilty to a DWI in New Jersey and lose your driving privilege, pay a substantial fine, pay surcharges, pay increased automobile insurance premiums and possibly go to jail, contact the DWI defense lawyers at DeMichele & DeMichele. Our lawyers have worked as municipal court prosecutors and public defenders in several South Jersey towns.  A confidential free consultation with an experienced DWI attorney is just a call (856) 546-1350 or click away.

Post Author: Matt Rooney

is a New Jersey attorney, former Superior Court law clerk, and noted commentator who focuses his practice on family law, municipal court defense, and personal injury matters. He was recognized by SJ Magazine as a 2018 “Top Divorce & Family Attorney."