Will My Lawyer Be Able to Get My DWI Dismissed?
When you go to court after being charged with a DUI, or a criminal offense, one of three things may occur: your case could be dismissed, or you could go to trial and be found guilty or not guilty. A dismissal is preferable even to a not guilty verdict in many cases, but getting a drunk driving case dismissed may prove to be difficult.
Your case likely stands a higher chance of dismissal if the following are true:
Law Enforcement Did Not Have a Reason to Stop Your Vehicle
Police officers cannot stop your vehicle for any reason; they must have evidence that you more than likely violated a law to do so. For example, if you were driving too fast or didn’t come to a full stop at a stop sign, a police officer can pull you over. However, law enforcement cannot pull you over if they do not have probable cause or enough proof to warrant further investigation.
Testing Guidelines Were Not Properly Adhered To
Field sobriety and breathalyzer tests are considered accurate only when police officers conduct the test in a particular way, adhering to specific guidelines when performing each step of the test. If the officers that stopped you did not administer breathalyzer or field sobriety tests properly, these could be withheld from the court. There may not be enough other evidence against you for a conviction in this case and the charges against you may be dismissed.
Your Lab Test Results Are Inadmissable
In many cases, a police officer will decide to obtain a blood sample from the alleged perpetrator, which can either be done at a hospital or the police station depending on the capabilities of the precinct. The likelihood that you’ll be required to give a blood sample is higher if you refuse to take a breathalyzer test at the time of the traffic stop. Your blood sample must be collected and transported for testing while maintaining the chain of custody; failure to do so could result in a contaminated and inadmissible sample.
Get Help from a Knowledgable Brooklyn Drunk Driving Lawyer Today
Were you arrested for driving while intoxicated in New York? You need comprehensive, experienced legal support as soon as possible to protect your rights. Reach out to veteran Brooklyn DWI lawyer Mark Cossuto today by calling (718) 852-8047 or toll-free at (800) 609-4545.