Were you arrested for drunk driving? You may think the officer who stopped you has enough evidence against you for a slam dunk case. However, there are several defenses you can use to raise doubt and ultimately seek the dismissal of the charges against you. Here’s what you need to know about Brooklyn DWI defenses.
Filing a Motion to Dismiss the DWI
First, your lawyer will evaluate if there’s a possibility that the case against you could be dismissed. If so, they will likely file a motion to dismiss the charge entirely. To do this, you’ll need to be able to show compelling evidence that you should not have been charged with a DWI at all, such as:
- The officer did not have enough reasonable suspicion to pull your vehicle over to begin with.
- Once pulled over, there was not enough reasonable suspicion for the officer to detain you.
- Your breath test results indicated that you were not intoxicated at the time of your arrest.
Filing a Motion to Suppress Field Sobriety Test Results
Field sobriety tests are notoriously inaccurate. Fortunately, you have the right to decline to submit if an officer asks you to take a field sobriety test. You absolutely should in an effort to protect your rights and best interests during the traffic stop.
If you did submit to a field sobriety test and the results are being used against you to suggest that you were driving while under the influence of alcohol, you may be able to have these results suppressed.
Your attorney will question the validity of the test and whether or not the officer performed the test appropriately. If the court agrees that the field sobriety test results are not an accurate assessment, these may be withheld, giving the prosecution less evidence against you to work with.
Filing a Motion to Suppress Breath Testing Evidence
Breath test results may be able to be suppressed for similar reasons to field sobriety tests. The arresting officer must perform the test according to established protocols, and failure to abide by the necessary requirements before and during the administration of the test can cause inaccurate test results.
When to Contact a Brooklyn DWI Defense Attorney
If you’ve been arrested for driving while intoxicated in New York, don’t hesitate to consult the expertise of a seasoned DWI defense lawyer. Contact Mark Cossuto today for an appointment by calling (800) 609-4545.