The consequences of driving while impaired, or DWI, are severe in New York. Courts show little tolerance to those who drive under the influence of drugs or alcohol, and the consequences of a conviction may include a steep fine, time behind bars and a loss of driving privileges. This is where a DWI attorney may be able to help.
If you were arrested in New York, then Darren DeUrso, Attorney at Law can evaluate your charges and structure a comprehensive defense strategy. Mr. DeUrso is a White Plains DWI lawyer who understands how to find success in court. Call our office today at 914-772-8614 to schedule a consultation.
In the meantime, read on to learn four potential defenses against DWI charges in New York:
- Unlawful Stop
Police need probable cause to make a traffic stop. In order to pull you over legally, you have to give them reasonable grounds to suspect that you are either driving while impaired or conducting other illegal activities. If you were not driving erratically and there was no evidence of illegal behavior, then your attorney may be able to argue that the stop was unlawful.
- Violation of Rights
Police cannot arrest a suspect without probable cause. This is a violation of the suspect’s rights.
Police must also read your Miranda Rights, follow protocols and uphold your constitutional rights. If they fail to do this, then certain evidence may be inadmissible, and the courts may dismiss your case altogether.
- Inadequate Testing
In New York, you automatically consent to sobriety tests every time you operate a vehicle. If you show signs of impairment while driving, then you have a legal obligation to participate in a sobriety test. However, the officer must have specific training in order to conduct such a test. Furthermore, the court will only accept certain tests as evidence: those that correlate scientifically to inebriation.
Improper training is only one defense of many that may apply to your case. Others include ineffective calibration of the equipment, malfunctioning equipment and even inaccurate results because of certain medications and their side effects.
New York courts seldom overlook intoxicated driving, but if you can prove that you had no other choice but to drive your vehicle while under the influence, then the judge may show some leniency. Necessity will only work for crisis situations, such as getting your child to the emergency room after an accidental head injury.
There are few experiences that can match the stress that comes with DWI charges, but there may be a defense that could work in your favor. With the right approach, it may be possible to convince the courts to reduce the charges or penalties, or to dismiss the case altogether.
Darren DeUrso is a White Plains DWI attorney who can evaluate your case and structure a comprehensive defense. Call our office today at 914-772-8614 to schedule a consultation.