In New York, defendants facing DWI charges aren’t considered guilty immediately after their arrest. Officers must follow all the laws if they want to secure a conviction for the criminal offense. Unfortunately, select officers may fail to abide by the rules. For this reason, the defendants could secure a viable defense against a conviction. A DWI defense lawyer in Syracuse NY assesses the circumstances of the arrest as they approach the case.
The Driver wasn’t Driving
To arrest a driver for a DWI charge, the vehicle must be in motion. There isn’t a law against drunk drivers sitting behind the wheel of their automobile. It doesn’t matter if the engine was started or not. If they aren’t operating the vehicle, they aren’t guilty of a DUI.
Denial of Legal Counsel
Any time that a defendant is arrested, the officers must explain the defendant’s Miranda Rights. A failure to inform the defendant of their rights could lead to a dismissal of the charges. If the officers refuse to allow the access to legal counsel, any tests results secured after the refusal can be dismissed entirely. By requesting legal counsel, the defendant is not refusing to submit to testing. They are requesting the opportunity to discuss their case with an attorney.
No Probable Cause
If the officer didn’t have probable cause, the arrest could be dismissed. For example, an officer cannot stop a vehicle simply because a driver was leaving a night club. The driver must break the law first. The officer cannot stop the driver unless they are speeding, texting and driving, or driving recklessly. If they didn’t commit a moving violation, the officer doesn’t have probable cause.
Mistake of Fact
Diabetic patients can exhibit the same signs of intoxication if their blood glucose levels are too high. An officer who makes the arrest based on related behavior patterns could present a mistake of fact defense. If the defendant can prove this condition, their attorney moves to dismiss their case.
In New York, defendants need a clear defense for a DWI charge. The circumstances of the arrest could present a clear option for dismissing the case. Defendants who are facing these charges and need to speak to a DWI defense lawyer in Syracuse NY can contact us for more info now.