Law enforcement authorities reported that a 59-year-old New Jersey man was arrested and charged with driving while intoxicated and multiple drug offenses after he was involved in a car crash. The accident reportedly happened in Mannington on County Road 631.
According to officers with the New Jersey State Police, they were dispatched to the area following reports of an accident. After responding, officers reportedly found prescription drugs, hypodermic needles and heroin in the possession of the man.
Law enforcement officers took the man into custody, charging him with multiple offenses. He was charged with DWI, possession of prescription drugs, possession of heroin and possession of drug paraphernalia. The man was transported to the Woodstown Barracks. After being booked in and processed, authorities released the man pending his court proceedings. There is no indication that any other vehicle was involved in the crash. Neither is there any indication where the officers found the drugs and paraphernalia.
Police must have probable cause or a warrant in order to conduct a vehicle search. If officers were to perform a search without a warrant, it is possible that a criminal defense attorney may file motions challenging the admissibility of the evidence. The charges can sometimes be dismissed in this way if the evidence is suppressed and if the charges all rested on what the police found. In a criminal case, a defense attorney may review the reports and other evidence in order to determine whether any such constitutional problems may exist. If they identify issues, legal counsel may then challenge the DWI charge through the filing of a pre-trial motion.
Source: NJ.com, “N.J. man crashes car, charged with DWI, drug possession,” Brittany M. Wehner, Feb. 5, 2016
