November 2016

We’ve all heard the urban legends of the best way to defeat a DWI charge. Some of most prevalent include sucking on a penny or a breath mint before your breathalyzer test. However, these approaches don’t work. Rather than relying on old wives’ tales, a better strategy is to mount a credible and comprehensive defense against any element in a DWI conviction.1. Improper Stop by Law Enforcement AuthoritiesIn a DWI, police officers must truly see the defendant do something wrong in order to pull them over. If you were obeying the speed limit, not swerving, obeying all traffic laws, and didn’t have a mechanical malfunction with your vehicle, it is possible to claim that police officers didn’t have reasonable suspicion to pull you over. Therefore, any evidence gained after the stop is inadmissible in court.2. Failure to Follow Appropriate Field Sobriety Evaluation ProtocolSpecific protocols are followed when field sobriety tests (FSTs) are administered. Failure by law enforcement to use the predetermined processes can lead to a suppression of evidence collected. This is particularly true if the police officer participated in disrespectful, intimidating, or improper actions toward the defendant.Going a step further, FST observations are only one part of the state’s evidence. By themselves, they aren’t proof of intoxication. For instance, the value of a heel to toe evaluation is diminished if the defendant was wearing high heels, or if snow or ice are on the ground.3. Medical IssuesIf you have a medical condition, this may only create the look of drunkenness. Medical conditions can even skew the results of a roadside breathalyzer test. Tiredness or neurological problems can cause slurred speech, while allergies, sinus troubles, and weeping can cause red or watery eyes.4. Improper Communication With the DefendantProsecutors understand that a defendant cannot be interrogated or spoken to without legal counsel present. Nevertheless, this usually doesn’t deter law enforcement officers and district attorneys from offering an appealing plea bargain or using strategies a DWI lawyer would never permit.If this activity occurs, any pleas can be immediately overturned.5. Improper Testing and Storage of Blood Alcohol SamplesFirst, police officers must organize a suitable blood alcohol evaluation by a trained and accredited phlebotomist as promptly as possible following arrest. Excessive wait times or testing by an untrained laboratory technician could be potential defenses against the results. Also, police must ensure that blood samples are correctly preserved after the evaluation to prevent fermentation or contamination. If questions about the sample’s integrity arise, the sample could be thrown out of court. This would leave the prosecution with little to go on when mounting its case against you.Contact New York DWI Lawyer Mark Cossuto today for more information by calling (718) 852-8047 or (800) 609-4545.

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