Vehicle Searches Based on The Appearance of Intoxication

While we await the return of DWI checkpoints to the Jersey Shore, the Law Office of Frederick P. Sisto is happy to provide tips to help you avoid a wrongful conviction. The legality of vehicle searches related to a DWI investigation is nuanced and complicated. Here is a summary of the law regarding the most common search scenarios.

In the 2009 Appellate Division case of State v. Jones, the odor of alcohol on the driver’s breath, together with his nervousness and admission that he drank one beer, did not create probable cause to believe that he or his passengers unlawfully possessed open containers. Thus, the search of the vehicle for the containers was illegal. The Jones Court held that if the officer had seen “outward signs” of open container possession such as spilled alcohol, the search may have been justified.

On the other hand, in the 2005 Appellate Division case of State v. Irelan, the Court found that the intoxication of the driver provided probable cause to search the vehicle for open bottles of liquor. The search in Irelan led to the seizure of an unlawfully possessed gun from the console.

In some cases, the evidence will be suppressed if the scope of the search was unreasonable. An example would be the search of a small freezer when a warrant is issued to specifically search for a machine gun. Since the machine gun could not reasonably fit in the freezer, the search would be illegal.

With alcohol, however, an airplane bottle can fit inside any glove box or console. Therefore, if you are going to drink and drive, you not only risk a DWI charge, but also criminal charges for any contraband in your vehicle.

Stay tuned for additional tips and remember that a designated driver is the best way to avoid a DWI. Your best DWI defense is to call Fred Sisto.

Have a great week-end!

arson
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From the beginning Fred was fast to respond to my initial inquiry (while he was on vacation) when other lawyers took a week or never even responded. Fred was professional, understanding of my situation and on point with the the expected timelines due the delays COVID had put on the courts. The courts had objections on a few occasions and forced me to appeal on another but, Fred stood his ground for me and followed through until my matter was resolved as I expected. I recommend Mr. Sisto if you are in need his services. I will definitely use him again if I ever need to.
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Although I don't know Fred, he has my appreciation in his fight for my liberty. Mothers against drunk driving have ruined as many lives as they have saved. We need bread and butter laws in N. J ! Stopping moterists assuming they are breaking a law is against my rights. N. J. Is a police state with a cop on every corner. From the unjust gas tax to the corruption in Trenton, we need more attorneys like Frederick Sisto. He is aware of the people's shrinking liberties.
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I was very pleased with my representation by Fred Sisto. He is very honest and explained everything to me in detail. I would recommend him to anybody who is seeking legal representation..
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Very good, extremely professional ,
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Fred Sisto is amazing!! Definitely recommend
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Recently I encountered some legal matters in the state of New Jersey during my visit and it would have became serious if it was not taken care of. Mr. Sisto and I discussed the case through the phone and exchanged documents through email. Since I was unable to travel back and forth due to restricted time, I have asked Mr. Sisto to handle the case on my behalf. I was very pleased with the result and would recommend Mr. Sisto for any legal matters.
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....and his Dog Gonzo is a great attorney.
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Fred was very professional, competent, and a pleasure to deal with I cant thank him enough I highly recommend his services
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Fred's services has been more than exceptional. He provided updates on my case. He got me one of the best outcomes i could have asked for, and has represented me twice with amazing results. Fred can work his magic on your case just as he did for me
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Fred was incredibly helpful during a very stressful time. Even during a pandemic he was fast at responding to any and all questions or problems that I had. He went above and beyond to make sure that I was happy with my results and that my case was being handled properly all the way through. Highly recommend this office!
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