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Throughout New York State, law enforcement is on the lookout for drivers they believe might be under the influence. When there is a traffic stop, tests will be given to determine the driver’s blood-alcohol content, or BAC. Because there are various penalties for a DWI conviction, including lost driving privileges, jail time, fines and more, it is important that drivers understand the consequences. Lodging a defense is critical to avoiding these penalties.

In some cases, the arresting officer might have violated established protocol. One case resulted in the charges being dropped after the arresting officer was accused of false arrest. The driver, 59, was stopped in June 2018. He was on his way home from a party and was stopped because he was accused of speeding. There were two others in the vehicle with him. The driver stated that he was not driving over the speed limit, and there were no charges filed for speeding. He had consumed two beers over several hours at the party. When he was tested, the officer said he registered a .06 BAC.

The arresting officer had previous problems with arrests, and several resulted in dismissals or the prosecutors deciding not to move forward. This driver was offered three plea agreements, but he refused and insisted that he had done nothing wrong. The charges were later dropped because the prosecutors did not think they could secure a conviction. There were also civil lawsuits filed against the officer for improper DWI arrests. Other DWI cases have since been dismissed. The officer also had incidents in which he was disciplined by the NYPD.

Drivers arrested for DWI have many avenues to craft an effective defense. Simply because an officer made a traffic stop, investigated and arrested the driver does not automatically mean that the charges are valid. After a DWI arrest, it is important that the case and the evidence be scrutinized to determine its validity. A law firm with experience in DWI cases may be able to help with achieving a successful resolution.

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