I was charged with a DWI while parked at a gas station.The stated reason for police contact was "welfare check".However,I checked with my bank and the time that I swiped my card for gasoline is the exact time the officers wrote on my ticket for checking on my welfare 1:48 am-all tickets say "on or about 1:48 am".I pumped $20 worth of gas(5 gallons)which I assume would amount to a few minutes of being outside my vehicle while pumping gas.Therefore, if the cops approached me "on or around 1:48am" then they must have seen me pumping gas in my car-so their reason for approaching me to check on my welfare seems wrong-pretexted.Is this a defense?I also have another credit card transaction which was declined that notes the transaction time @the same gas station 10min prior 2 debit card being used
Have a copy of written chat from banking rep. and phone number so court can verify this information.I asked when using card @ pump when will the time be clocked.Rep. told me when the card is swiped @ gas pump.Gas station was closed, but I know the police know you can get gas there after hours because it is where they fuel up.I regularly see them parked there doing this early in the morning.The cops who arrested me were not getting fuel the night I was charged with DWI. Thank you for any input! It is greatly appreciated! Note: "Pretexting is the act of creating and using an invented scenario (the pretext) to engage a targeted victim in a manner that increases the chance the victim will divulge information or perform actions that would be unlikely in ordinary circumstances."
You should bring every detail to the attention of your defense attorney. Even if you don't think it's important, they might. If the cop testifies without knowing about this receipt, he may exaggerate the facts about what he observed and look like a liar when confronted with the actual transaction times.
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Criminal Defense Attorney
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Joseph A. Lo Piccolo, Esq.
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)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.