In a previous DUI defense post, we shared how a former mayor of Washington
Township, New Jersey, was charged with
drunk driving. Immediately, the suspect challenged the system's investigation of
him, refusing to submit to a breath test during his traffic stop.
That refusal resulted in another criminal charge, since New Jersey drivers
are required to take breathalyzer tests when requested. But Assemblyman
Paul Moriarty had reason to be suspicious of his arrest. He knew that
he didn't give an officer a reason to pull him over. Now that officer
who Moriarty accuses of wrongdoing is suspended from his work.
Moriarty argues that there wasn't probable cause for him to be pulled
over and then investigated for drunk driving. The officer who pulled him
over claimed that the traffic stop was the result of Moriarty cutting
him off on the road. A video from the squad car, however, reportedly defies
The officer who pulled Moriarty over faces charges of official misconduct,
filing false reports and harassment. For now, he is just temporarily suspended
with pay. If Moriarty has his way, the officer will be taught a more serious lesson.
When someone is charged with DUI, it is important for him to think back
to the traffic stop. Why did the officer pull him over? If no traffic
violation was made or there was otherwise no justifiable cause for a traffic
stop, a drunk driving charge shouldn't stick. Any experienced DUI
defense attorney should evaluate the traffic stop and determine if it
Source: Courier-Post, "Washington Township suspends police officer who ticketed Moriarty," Phil Dunn, Nov. 20, 2012