Your question is very short on information. I suggest discussing the case with a criminal defense attorney to discuss your options. Good luck.
I have been a criminal attorney in New York for almost 25 years. website: Brooklynlaw.net Phone #: 718-208-6094 email: firstname.lastname@example.org. This answer is only for informational purposes and is not meant as legal advice.
A bit more information is needed here. Were you asked to do roadside tests? (Walk and turn, finger count, etc..). Did you submit to a breathalyzer?
When you are arraigned, you will be given a bill of particulars. This will outline reason for stop, officer observations, test results, etc. This is a critical document and will provide a wealth of information and possible defenses.
Your attitude didn't help. People need to be on their best behavior when stopped by the police. Have you been to court? If so, what are the allegations in the complaint? Did you do sobriety tests or a breathalyzer? Retain a good criminal defense lawyer who knows how to handle a dui case.
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.
It sounds like you got charged with an "observation" DWI. Impairment can be proven by the cops' observations [i.e. marijuana would not come up on the breathalyzer, but would still considered impaired]. Do not try to fight this by yourself. You need an attorney to review the paper discovery and advocate on your behalf. Good luck.
The above is general information only and is not legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action. I am not your attorney until we sign a retainer agreement.
Police officers do often overstep their boundaries and he was probably fishing for a drunk driver. But the fact is that people who are less than cooperative and forthcoming often appear as if they have something to hide. The case against you is weak, and with the right representation, will probably be dismissed, but you would have saved yourself the headache if you had just blown on the breathalyzer. After that, he would have had no probable cause to charge you.
First, you did almost everything perfectly except take the sobriety tests. The zero readings should have resulted in his releasing you, not charging you. It seems you were arrested for bad attitude, which is subjective. I am not sure what your question is, but you have a basis for complaining and perhaps even false arrest. If you pursue the latter, you have to file a claim within 90 days. But discuss the ramifications of this with the criminal defense attorney that you are compelled to retain because of this.
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.
As my colleagues suggest, complete information is needed before an informed opinion can be given.
Take the time to retain an experienced DWI firm in the Buffalo area. review your case fully with your attorney. He or she will be able to explain some factors in your case that are troubling or confusing to you, and will also be able to formulate an effective defense.
Good luck to you.
Christopher I. Simser, Sr.
Syracuse - Albany - Rochester - Buffalo
You are charged with a serious crime, and you should not attempt to defend yourself in a criminal court without counsel. I can give you the names of a few colleagues who might be interested in consulting with you.
This communication is intended only to provide general information. No attorney-client relationship is created.
It sounds like he charged you with DWI just because he was annoyed that you didn't roll down the window. If you blew a .000 on the breathalyzer, this is probably a case that should go to trial. He won't be able to cover up the results of the test because they usually get transmitted to Albany.
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