is the test accurate and are there any flaws in it?
Why do you have to get out of it as the passenger?
You should not have been charged in NYS.
If you were charged, get an attorney asap!
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
Unless your are referring to some type of vicarious liability for being intoxicated as the supervising licensed driver when a permit holder is driving, I am unaware of any liability you may have unless you were driving. If your friend was drunk driving, and you did not get behind the wheel at all, and it cannot be proven you were driving, the case should result in a dismissal or acquittal. If the theory is that you switched places and the officer saw you, so he charged you both to see who will man up and take the fall, that is a potentially different situation and you best obtain counsel.
The first responder is correct. If you have been charged as a passenger or otherwise you should retain qualified criminal defense counsel at once. With respect to your second question the answer is absolutely YES, but you need an attorney experienced in handling DUI cases to exploit such issues.
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