A conviction on a DWI (driving while intoxicated) charge in New York can have a severe and long-lasting impact on many areas of your life. In addition to a substantial fine, you can face incarceration and the loss of driving privileges. You may also put your employment at risk, and disqualify yourself for job opportunities in certain fields. There are ways that an experienced lawyer can help you seek to reduce or dismiss the charges against you. This blog post identifies some of those strategies.
If you have been arrested and charged with DWI in New York, the attorneys at Sackstein Sackstein & Lee, LLP, can help. We bring more that 60 years of experience to people facing criminal charges, including drunk driving. Our goal is always to minimize the consequences of an arrest or prosecution. We will use our considerable knowledge, skill, experience and resources to protect your constitutional rights.
Seeking a Dismissal of DWI Charges
The most effective way to obtain a dismissal of charges against you is to show that police improperly obtained evidence against you. This can take a variety of forms. For example, if law enforcement officers lacked probable cause to make a traffic stop—if they cannot identify any violation of the law that you committed—the stop is not valid and any evidence obtained during the stop is inadmissible in court. This includes eyewitness testimony, field sobriety tests and blood alcohol readings.
Additionally, even if police had probable cause to pull you over, if they failed to follow protocol, the charges can be dismissed. If field sobriety tests were not properly conducted or blood alcohol test procedures were not followed, that evidence may be excluded. If the remaining evidence is insufficient, you can seek a dismissal of the charges.
In some instances, if you can show that you had a valid prescription for medication that would lead to a positive result on a breathalyzer, or that there are other circumstances that could create a false positive, you can seek a dismissal of DWI/DUI charges.
Reducing the Charges Against You
If you are unable to get a dismissal of charges, you want your lawyer to make every effort to reduce the penalties incurred. This is typically dependent on the reputation of the attorney and his/her credibility with police and prosecutors.
Contact Sackstein Sackstein & Lee, LLP
To set up an appointment with an experienced New York DWI defense lawyer, contact our office online or call us toll free at 888-519-6400. Your first consultation is free of charge.
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