Best stratedgy is to hire an attorney to defend this. That way all the issues can be worked thru favorable.
Joseph A. Lo Piccolo, Esq.
Past President, Criminal Courts Bar Association
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.
It sounds as if the officer "overcharged" you. There is case law that may make the going over the double yellow not prosectuable or at least questionable, and there is not enough there for reckless driving in my opinion. The DWI strictly depends upon our reading. Since you have CDL, you should fight this all the way. Hire an aggressive and experienced DWI attorney to combat this irate police officer.
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You need to hire a criminal defense lawyer who knows how to handle a dui case. Your cdl is in serious jeopardy.
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I urge you to follow the advice of the other attorneys who have responded to your question. You need to hire an experienced DWI defense attorney who regularly practices in Suffolk or Nassau Counties. Do not discuss the facts of this incident any further on this or any other public forum as what you say can be used against you.
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You must hire a criminal defense attorney ASAP. I am local, a former Suffolk prosecutor and have plenty of experience in Riverhead Justice Court. 631- 317-0765.
Make a motion to dismiss on double jeopardy grounds would be your best option along with making a formal civilian complaint. I think that would be a good strategy.