Abnormal Vehicle Operation Justifies MV Stop in DWI Case – State v. Zimmerman

A few minutes ago, the Appellate Division released the UNPUBLISHED decision in State v. Zimmerman. The defendant in this case was observed operating his motor vehicle by the police. The police testified as to erratic driving and a so-called “circuitous route” taken by the defendant. As a result, the defendant was stopped, arrested and charged with DWI. He ultimately entered a conditional plea of guilty after having lost a motion to suppress evidence in municipal court. Both the municipal court and Law Division judges found the State’s evidence related to the Defendant’s driving to be sufficient to sustain the State’s burden of proof on a motion to suppress evidence.

This morning, the Appellate Division affirmed the findings of the Law Division and ruled that the police had a reasonable suspicion to stop the defendant’s vehicle.

The case contains a good review of the proper burdens required of reviewing courts on appeal and an analysis of the proofs necessary to sustain a reasonable motor vehicle stop.

Download a copy of the UNPUBLISHED decision in State v. Zimmerman

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