A DWI conviction can have a serious impact on all aspects of your life – especially if it is not your first offense. Yet, some people still opt to fight their charges without the help of a DWI lawyer.
Don’t make this mistake.
When you hire Darren DeUrso, Attorney at Law, you are enlisting an experienced ally who will aggressively represent your interests. Darren DeUrso will evaluate your case, gather evidence and structure a comprehensive defense based on the unique facts of your arrest. If you would like to discuss your options with a White Plains DWI lawyer, call 914-772-8614 today.
Read on for a brief overview of four possible defenses against DWI charges in New York:
- Challenging the Legality of the Traffic Stop
As Business Insider explains, police cannot make a traffic stop unless they are conducting a legal checkpoint, or they have reasonable suspicion that a driver is in the process of committing a crime or has committed a crime.
If police did not pull you over as part of a checkpoint, then your criminal attorney may challenge the officer’s reason for stopping you in the first place. If police did not have reasonable suspicion, then the court may dismiss your case.
- Challenging the Accuracy of the Evidence against You
Police officers use a variety of indicators to determine if a motorist is inebriated. These telltale signs include watery or red eyes, slurred speech, a lack of coordination, and the smell of alcohol on the breath.
Sometimes this testimony is inaccurate, though, and an officer may not have actually witnessed any physical signs of inebriation. A DWI lawyer from Darren DeUrso, Attorney at Law will comb through the evidence against you and help you determine if any of it is worth challenging.
- Challenging the Breathalyzer Results
There are several reasons why a breathalyzer might produce inaccurate results. Examples include:
- The device was not calibrated or maintained correctly;
- The device was not administered correctly;
- Or the device was defective.
The prosecuting authority often relies on breath test results to secure a conviction. If your criminal attorney gets these results thrown out, then the court may dismiss your charges.
- Challenging the Results of Field Sobriety Tests
Field sobriety tests are notoriously inaccurate, which is why drivers can refuse to take them without immediate legal consequences. If you failed an FST and the officer uses this as evidence against you, then your DWI lawyer may challenge the results.
There are several reason why a sober person might fail an FST such as:
- Back or knee problems;
- Poor instructions from the officer;
- Officer did not administer the test correctly;
- Bad weather;
- Or old age.
At Darren DeUrso, Attorney at Law, we know good people can make bad decisions under certain circumstances. If you are facing DWI charges in New York, a criminal attorney from our firm will fight aggressively to defend your rights. Call 914-772-8614 to schedule a consultation with a White Plains DWI lawyer.