Aggressive Defense Against New York DWI Charges
I aggressively pursue every available defense.
Intoxication - does the evidence support a finding beyond a reasonable doubt that you were intoxicated? New York State law does not require drivers to abstain completely from consuming alcohol before driving. While it is not recommended by my law firm, the law does allow a permissible level of alcohol intake prior to operating a motor vehicle. Intoxication is often very subtle, and very subjective, and is therefore subject to challenge. A proper, aggressive challenge to a claim of intoxication starts with a thorough, aggressive cross-examination of the arresting officer to cast doubt on his or her subjective determination that you were intoxicated. Witnesses can also be called who saw you before, during, and/or after the arrest. And, you can testify on your own behalf as to how you subjectively felt.
Chemical Tests - was the chemical test administered properly? Was the breathalyzer working properly? Did the lab protect the chain of custody of the blood sample? Did the vial contain the proper anti-coagulant and anti-fermentation agent?
Operation - does the evidence support a finding beyond a reasonable doubt that you were actually operating the vehicle? This defense is available in any arrest where the police did not actually witness the vehicle in motion, such as accident cases where the police come upon the scene after the accident, or arrests where you were in a non-moving vehicle, maybe asleep due to your desire not to drive in your current condition. The law of operation can, at times, support the prosecution's theory of operation even if the vehicle is not in motion, but other times the law will not support such a theory. The issue of operation is very fact-specific, and your attorney must know the nuisances thoroughly to target the questions in a manner which casts reasonable doubt on the issue of operation.
Constitutional Challenges - did the police violate any of your Constitutional rights in the manner and method in which they chose to gather the evidence against you? If so, then the tainted evidence should be suppressed by the Court, which weakens the prosecution's case against you. Sometimes, these "search and seizure" issues will assist in procuring a favorable plea bargain, and sometimes these search and seizure issues will lead to dismissal of the charges.
Statutory Challenges - did the prosecution comply with the speedy trial mandates of Criminal Procedure Law Section 30.30 and/or 30.20? If not, the remedy is dismissal of the charges.
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