Glenn R. Bruno, Esq.
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Jason Kidd refused breath test in Long Island DWI arrest

Our readers may have heard the recent news about New York Knick Jason Kidd being arrested for DWI after crashing his 2010 Cadillac Escalade into a utility pole in Water Mill, a small community in the Hamptons. Kidd received treatment for minor crash-related injuries, and the police released him without bail. He is due to appear in court at an unknown date.

This arrest comes at a tense time for Kidd, who just signed a lucrative three-year contract with the Knicks. Part of any defense attorney's job is safeguarding the client's interests. In this case, deflecting attention from the court appearance and squashing speculation about Kidd's athletic career are important for preserving his reputation, especially at such a sensitive time.

According to the arresting officer's report, Kidd refused a breath test at the scene of the accident and did not allow blood tests related to intoxication when he was treated at the hospital. As is typical with DWI charges, the arresting officer described Kidd as visibly intoxicated, but whether that was really the case remains to be seen. Kidd allegedly failed to stop at a stop sign immediately before the crash, which caused the SUV to skid about 25 feet into nearby woods. That kind of collision has the potential to make anyone disoriented, even to the point of appearing intoxicated.

The force of the crash also broke the utility pole and cut off cable television service to area residents. The rather spectacular details of the crash, which miraculously did not seriously injure Kidd, have added to the event's media appeal.

Still, everyone arrested for driving while intoxicated is presumed innocent unless or until the prosecution proves otherwise. Moreover, not everyone who is accused of drunk driving is guilty. Police officers do make mistakes, and anyone who has been accused of DWI is well advised to look into every legal option for defending against the allegations.

Source: New York Daily News, "Kidd crashes car, is busted for DWI," July 15, 2012

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