Getting a DWI Charge Reduced or Dismissed
As published authors in DWI defense, former Westchester County prosecutors, and attorneys with over 20 years of courtroom experience, we know that several factors can weaken the prosecution’s case or lead to an outright dismissal. The best DWI lawyers always explore these factual situations setting forth an aggressive DWI defense strategy.
That said, we dive into various factors that may improve the chances of getting your DWI charge reduced or dismissed altogether. Read below:
- The police officer had no reasonable basis to pull you over including no operation of a motor vehicle on a public highway.
- The police officer had no probable cause to make an arrest.
- Officer error as to alcohol consummation as opposed to drug consumption (prescribed medication, marijuana, or another drug).
- Lack of motorist operation of the vehicle. Such as sleeping in a vehicle or outside the vehicle when the police arrive.
- Lack of proper police instruction to perform the field sobriety tests resulting in a false positive or officer did not properly follow the National Highway Transportation Safety Administration (NHTSA) rules for a field sobriety test resulting in false positive “clues” (each test has its own set of officer clues).
- The preliminary breath test machine was not properly calibrated, inspected, or maintained leading to the suppression of the test results.
- The police officer has biased observations of the motorist “appearing” intoxicated.
- The breath test machine (Breathalyzer Machine) at the local police station was not properly calibrated, inspected, or maintained. The police did not follow the 20-minute rule prior to the test being performed or the test was compromised. For example, by burping, vomiting, gum, tobacco, inhaler medication or other medical conditions can interfere with an accurate result..
- The chemical test (breath, blood, or urine) was compromised by a break in the chain of custody to the laboratory or failure to properly preserve the sample.
- Eyewitness testimony regarding the motorist’s sobriety
- Exculpatory video or audio from the police AXOM body camera, local police department cameras, or any smartphone video/audio recorded by the motorist.
- Failure of the officer to properly read Miranda warnings and/or Refusal warnings to the motorist explaining vital Constitutional rights.
- Suppression of any illegally obtained statements.
- Lack of experience by the police officer in DWI arrests and prosecution.
- Dismissal based upon speedy trial grounds.
What to Do After Getting Arrested for DWI
The DWI laws in New York State are complex and the collateral consequences of a DWI arrest can add to the complexity of the arrest and prosecution.
Do not plead guilty. Hire an experienced and aggressive DWI lawyer. You should have open communication with your DWI lawyer and an opportunity to review all statutory discovery. Westchester County uses an online portal to exchange all discovery.
The DWI defense lawyers at Proto, Sachs & Brown, LLP understand the stress you are under and will educate you regarding the New York State DWI laws, clearly explain your options, and offer DWI legal advice to help you make a sound decision regarding this matter.
Offices are conveniently located in White Plains and downtown Peekskill, New York. Call for a free initial consultation at (914) 840-5104!