Facing a DWI charge in New York can feel daunting, but it’s important to remember you have options. With the help of a skilled DWI defense attorney, you can explore various legal strategies to fight the charges and potentially achieve a favorable outcome. Here’s an overview of some effective strategies commonly used in New York DWI cases:
Challenging the Stop:
Unlawful Traffic Stop: The officer must have a valid reason to pull you over in the first place. If the stop was pretextual (based on a hunch, not a traffic violation), any evidence obtained afterwards (breathalyzer test) could be thrown out.
Improper Field Sobriety Testing: These tests are not foolproof and can be influenced by factors like fatigue, medical conditions, or uneven surfaces. Your attorney can identify flaws in the administration or interpretation of the tests.
Challenging the BAC Test:
Faulty Breathalyzer: Breathalyzer machines require regular calibration to ensure accuracy. Your attorney can investigate the device’s maintenance records and identify any potential malfunctions.
Improper Administration: Improper administration of the breathalyzer test, such as not waiting the required time after consuming substances, can invalidate the results.
Alternative Explanations:
Medical Conditions: Certain medical conditions can mimic signs of intoxication. Your lawyer can present medical evidence to explain your behavior and cast doubt on the DWI accusation.
Prescription Medications: Some prescription medications can cause impairment. By documenting your medication use and potential side effects, your attorney can argue the medication, not alcohol or drugs, caused the impairment.
Negotiating a Plea Bargain:
While not always the desired outcome, in some cases, your attorney might be able to negotiate a plea bargain with the prosecutor. This could result in reduced charges, less severe penalties, or participation in alcohol education programs.
Remember: Every DWI case is unique. The most effective strategy will depend on the specific circumstances of your arrest.
What James Medows, ESQ. Can Do for You:
- Investigate the Details: We will thoroughly review your arrest report, police procedures, and any available evidence.
- Identify Weaknesses: We will analyze the prosecution’s case and identify any potential weaknesses that can be exploited.
- Develop a Defense Strategy: Based on the specifics of your case, we will craft a personalized defense strategy tailored to achieve the best possible outcome.
- Fight for Your Rights: We will aggressively represent you in court and negotiate with the prosecutor on your behalf.
Don’t face a DWI charge alone. Contact James Medows, ESQ. today for a free consultation. We are committed to protecting your rights and helping you navigate this challenging situation.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney for personalized legal guidance.
