According to the Daily Voice, police have charged a 23-year-old man with multiple misdemeanors following a traffic stop early one Saturday morning. Police claim that at approximately 6:30 a.m., they stopped the man and had him step out of his vehicle.
When the man stepped out, officers state he was unsteady on his feet. Additionally, they claim he had a glassy stare, and they report having noted the smell of alcohol on his breath.
Officers claim the man admitted to having had a few beers at a restaurant and lounge in White Plains, but he allegedly said he had stopped drinking because he was the designated driver. The officers proceeded to conduct several standard field sobriety tests, which the man allegedly failed.
After the motorist completed the tests, he allegedly claimed that he would fail a breath test, regardless of how much he’d had to drink. He finally agreed to the test, though, and officers claim the result of the breath test was 0.10.
Police arrested the man and charged him with DWI and the aggravated unlicensed operation of a motor vehicle because he has had at least three license suspensions in as many months. Police later released him on his own recognizance with a court date.
If you are facing misdemeanor or felony charges in New York following a traffic stop, turn to Darren DeUrso, Attorney at Law. Darren DeUrso is a skilled DWI lawyer who has been practicing law for more than 30 years. Call 914-772-8614 to schedule an initial consultation with a White Plains criminal attorney, and read on to learn more about your rights at a traffic stop:
Are Field Sobriety Tests Voluntary in New York?
If police pull you over to conduct a traffic stop and they ask you to complete a field sobriety test, you may be wondering what your rights are. According to the Field Sobriety Testing Resource, field sobriety tests are voluntary. Even if the officer leads you to believe that you must submit to one, you have the right to refuse.
There are three standard field sobriety tests: the walk-and-turn test, the one-leg stand test and the horizontal gaze nystagmus test. The National Highway Traffic Safety Administration has sanctioned these tests, but there are also several non-standardized tests, as well. These include:
- The finger-count test;
- The vertical gaze nystagmus test;
- The Romberg balance test;
- The hand pat test;
- The finger-to-nose test;
- The ABC test; and
- The numbers backward test.
Although these tests may indicate that an individual is inebriated, the results are subjective, and they may just as easily incriminate a sober motorist, too.
Are Breath Tests Voluntary in New York?
Unlike field sobriety tests, breath tests are not voluntary in New York. The state has an implied consent law, which means you consent to blood, breath, urine or saliva testing the moment you get behind the wheel.
If you are facing DWI charges after undergoing field sobriety tests during a traffic stop, a criminal attorney can help you determine the best way to proceed. Turn to Darren DeUrso, Attorney at Law for quality legal representation.
Call 914-772-8614 to schedule an initial consultation with a White Plains DWI lawyer. You can learn more about fighting DWI charges in New York by visiting http://dui-lawyers.usattorneys.com/new-york.