The evidence presented in a drunk driving case, including field sobriety tests, affects the DWI defense. Those facing these kinds of accusations should be sure to fully understand all of their rights and obligations under the law before deciding how to proceed when charged with DWI.
A DWI charge is a serious matter, and anyone accused of drunk driving is entitled to a rigorous defense against the charges. In a current Dutchess County case, a man charged with felony DWI in July is especially well known in the community: Robert Apple of Downing, a Dutchess County town justice. On Oct. 23, Reuters reported, the New York Court of Appeals ruled that Apple was suspended from the bench with pay, effective immediately.
Stronger regulations against those facing DWI charges or those with DWI convictions are almost always popular, but can have huge impacts on the lives of those facing DWI charges. For that reason, those who have previously been convicted of drunk driving should be aware of a new rule that is now in effect in New York.
NBA basketball player Jason Kidd's lawyer has stated that Kidd plans to vigorously fight DWI charges stemming from an incident in July. Kidd announced this course of action during a hearing at the Southampton Town Court on Long Island. The court appearance was only procedural, and he will have to appear in court again to defend himself against the charges.
Drinking and driving is a dangerous combination, but not all cases are as clear-cut as the media often suggests. There is a large amount of speculation related to many DUI cases, and careful examination of the evidence may reveal a completely different story than the one issued by law enforcement.
As New York residents know, DWI cases can have long-term consequences for defendants who are convicted. However, not everyone who is accused of driving while intoxicated is guilty, and every person facing such charges deserves a strong criminal defense.
A recent decision from a federal appeals court in another state might be of interest to our readers here in Poughkeepsie, New York. The court decided that a woman could pursue her case against a state trooper who stopped her, conducted field sobriety tests and then arrested her for drunk driving. Urine tests proved that she was not under the influence of any drugs or alcohol of any kind.
Dutchess County officials have kicked off a STOP-DWI program called "Drive Sober or Get Pulled Over." The Dutchess County executives and legislators told residents not to "drink and drive. It's just not worth the risk."
With each conviction of driving while under the influence of drugs or alcohol, the penalties increase. You lose your license, you forfeit your car, you get probation and maybe even jail time if you don't learn your lesson after a few arrests. By that time, your choices boil down to trial or plea bargain, and mitigate the extent of your punishment as much as possible.
While this little story comes to us from outside our Dutchess County area, it was too good not to bring to your attention. A couple weeks ago a Brooklyn man seems to have avoided drunk driving charges by claiming he only had one lung. Without enough lung capacity, police were unable to obtain a blood alcohol content reading on their breathalyzer. Police tried to administer the test repeatedly during the arrest, but none produced complete or positive results.