New York police undergo extensive training to identify and evaluate DWI suspects, but mistakes still happen. As the United States Commission on Civil Rights explains, failing to follow the appropriate procedure can lead to a false arrest.
If police pulled you over without reasonable suspicion, or if they arrested you without probable cause, contact a New York City false arrest lawyer from Goldberg & Allen, LLP. Jay K. Goldberg and Gerald Allen have both reached the level of First Deputy Bureau Chief in Kings County, and they will aggressively fight for a positive outcome to your case.
Call 212-766-3366 to schedule a consultation. You can also learn more about DWI laws in New York by visiting USAttorneys.com.
Here are four mistakes police often make when arresting suspects for DWI:
- Making a Stop without Reasonable Suspicion
The police must have reasonable suspicion that you are breaking the law in order to pull you over. However, the officer does not need to suspect you of intoxicated driving in order to arrest you for DWI.
For example, if you were speeding or breaking another law, then the officer can pull you over. If he or she notices signs of intoxication and then you fail a breathalyzer, then the officer can arrest you for DWI. However, if the officer stops you without reasonable suspicion, your attorney can file a motion to suppress any evidence the officer collected after the illegal stop.
- Checkpoint Misconduct
Officers regularly set up DWI checkpoints. There are strict regulations that govern what the police can and cannot do at these checkpoints. If the officer does not follow protocols when administering a sobriety test, then the results may be inadmissible in court.
- Improper Testing
There are several ways officers can test sobriety. Breathalyzers, blood and urine tests are the most reliable, but the results may be inaccurate if the officer administers the test improperly, according to Drug Detection. If your DWI attorney can prove that a test was improperly administered, then the results may be inadmissible in court.
In some cases, the measuring device is defective. For example, a breathalyzer may produce inaccurate results if it has not been calibrated.
- Arrest without Probable Cause
After conducting a legal traffic stop based on reasonable suspicion, the officer must have probable cause to arrest you. He or she must find evidence to make a reasonable conclusion about your intoxication level. If the officer did not have probable cause, then it may be possible to suppress all evidence collected after your arrest; however, admissible evidence may still exist from before the arrest.
If you are facing DWI charges, contact Goldberg & Allen, LLP. A false arrest lawyer in New York City can gather evidence, structure your defense and protect your interests. Even if you failed the breathalyzer, there may be a defense that works in your favor. Call 212-766-3366 to schedule a consultation.