For many who are arrested for driving while intoxicated, there is a sense of resignation to what seems to be inevitable: pleading guilty as charged. However, because of the important legal rights involved and the increasingly harsh penalties impose by courts in DWI matters, you would be wise to consider all your options before you act.
Time is of the Essence
As soon as you are booked for DWI charges, the legal timeline clock begins ticking. Most people understand this as it pertains to the criminal case that will be filed by the prosecutor’s office, but this also applies to an administrative proceeding initiated by your state agency responsible for driver’s license regulation, the department of motor vehicles. Unless you or you DWI lawyer request a hearing within a very short period of time, typically 10 days, your license is automatically suspended. According to fellow NYC Dwi attorney Aaron Wallenstein, many people often have their license suspended because they don’t take this hearing seriously! These DMV administrative hearings are technical in nature, and the average person will find him or herself unable to mount a viable defense. An experienced DWI lawyer understands the issues and can speak the language of the DMV.
Contrary to conventional wisdom, there are many potential options available in contemplating how best to develop a defense in a DWI criminal case. Depending on the facts and circumstances of your particular case, one or more of the following issues may be raised:
• The reason for the stop. Law enforcement cannot pull you over for no reason. The legal standard is the officer must have a reasonable suspicion a crime was being committed or imminent. This is less than the probable cause required for an arrest but something more than a hunch.
• The interaction between you and the officer after the stop. What were you asked? What did you say in response? Was anyone else in the car that can verify what occurred?
• Were you asked to perform any field sobriety tests? Did you do so? Which test or tests? Where exactly were the test(s) administered? Were there any witnesses?
• The circumstances of your arrest. What did the officer say to you? Did you say anything in return? How were you treated
• Miranda advisement. Were you informed of your rights? When?
• Chemical test. When you were taken back to the station, were you advised of a choice of which chemical test you would take? Did you make such a choice? Approximately how long after you were pulled over was the test administered?
The law is quite clear that any evidence gathered by the police through illegal or improper methods is subject to exclusion. Thus, for example, if the basis for why you were stopped is deemed without legal justification, your entire case may be thrown out by the judge. More often, however, an experienced DWI lawyer can uncover various weaknesses in the prosecution’s case that can make a conviction at a potential trial less than a certainty. Your lawyer will certainly go for an outright acquittal but will also explore plea bargain options that can be beneficial to you as an alternative.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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