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I got arrested for a dwi while pulling out of my driveway!

Riverhead, NY |

the officer pulled me over for backing over the yellow line while pulling out of my driveway. this probably true because i live on a bad curve and need to. I had 2 beers and a fireball shot 3-4 hours earlier. I took a breathalizer on the side of the road but he screamed at me n said it wasnt working?? He talked smack the whole way to the station calling me fat saying he dosnt get how my husband could sleep w me but big girls need love to things like that I m 120lbs ahole....gave me a dwi ticket, one for crossing the yellow line, and a wreckless driving ticket, i was told by a cop friend that the wreckless driving ticket can hurt me more or prove that the cop was out of his mind. I was not drunk and i have a cdl cause i drive a bus so I am screwed best strategy to fight this

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Attorney answers 6


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.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


You need to hire a criminal defense lawyer who knows how to handle a dui case. Your cdl is in serious jeopardy.

I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


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.

Use the Avvo find a lawyer function to help locate the right attorney for you.

Good Luck

Answering this question does not create an attorney-client relationship between us. The answer given is for informational purposes only and is not a substitute for contacting an attorney licensed to practice in your jurisdiction and obtaining legal advice from such an attorney.


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.

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