Police Officer In New York Did Not Give Me A Reason For Pulling Me Over, Can I Still Be Convicted Of A DUI?

Most of the time when motorists get pulled over by the police, the police officer or state trooper will tell the driver why they pulled them over. In some instances they will ask the driver “do you know why I pulled you over”. At some point during the car stop it will be obvious to you why you are being detained by the police.

The question is, does the failure of the police officer to inform you of the reason why they pulled you over invalidate a DUI charge or DUI arrest?

The police must have a legal reason to pull you over. At the appropriate time they will have to articulate this to the prosecutor and ultimately to a judge at a pretrial hearing, if a hearing is held. If the police officer does not articulate a credible legal reason why they pulled you over then the judge can rule that the “stop” was illegal and that any and all evidence against you that was taken after the stop can not be used at a trial.

Evidence that may not be used against you if the prosecutor fails to establish a legal reason why you were pulled over includes:

1. Results of field sobriety tests such as the HGN, One Leg Stand Test, Walk and Turn Test,
2. Admissions to the police that you were drinking such as “I only had two beers”,
3. Results of breath, blood or urine tests to determine the blood alcohol (BAC) in your system.

In effect your case would be dismissed.

If a police officer pulls you over and fails to inform you of the reason that he pulled you over this does not invalidate your charge or arrest in New York for a DWI.

Some common reasons that the police pull over vehicles are:

1. A computer check reveals that the vehicle registration is expired or suspended.
2. Violation of a local traffic law
3. Passing a red light,
4. Failure to yield to a pedestrian,
5. Speeding,
6. Careless driving,
7. Reckless driving,
8. Failure to maintain lane,
9. Passing a school bus,
10. Failure to stop at a stop sign,
11. Traffic accident.

There are many other reasons why vehicles are singled out by the police. If you have questions about your case we would be happy to discuss the facts and circumstances with you at length at a free consultation.

If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

First Court Appearence In New York After A DWI Arrest-What Happens?

In New York an arraignment is the first time you see a judge after you have been arrested and charged with a DWI, DUI or DUAI. There are several very important issues that arise at the arraignment that everyone should be aware of.

1. At the arraignment you are informed about each and every charge that is being brought against you in the case. It will be at that time that you will be informed of your blood alcohol content (BAC) or breath test reading.

2. The judge has to address the issue of bail. Normally, with DWI charges there is little chance that bail would be set. Your family or friends that are coming to your arraignment should be prepared to post some bail especially if there are any aggravating factors. Aggravating factors such as:

A) A motor vehicle accident that lead to your DWI arrest,
B) If you live out of the state of New York,
C) You have a prior DWI conviction in New York or any other state.

3. The prosecutor is required to inform you of any statements that they intend to use against you at your trial. For instance if you told the police officer that you “drank two beers”, the prosecutor will want to try to use that statement against you at your trial.The prosecutor may reserve this right to a later date when they will serve the statement in writing on you and your attorney.

4. The prosecutor is required to inform you of any property that they intend to use against you at a trial. For instance if there was an open beer bottle found in the vehicle you were driving, the prosecutor will put you and the court on notice that they intend to use that against you at your trial.

5. The issue of suspending your drivers license pending the outcome of your case. Requesting and preparing for a hardship hearing.

These are just some of the complex issues that arise at every arraignment. We are fluent in how to address these issues and how to PROTECT YOUR LEGAL RIGHTS during this critical first stage of your case.

Call (212) 683-5912 -24/7 to retain our services for an arraignment to make certain that the case gets off on the right foot and ALL your rights are protected.

If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

Suspension Pending Prosecution In New York- Zero Tolerance Laws

In New York the suspension pending prosecution rules do not extend to drivers that hold a license or permit underage. These underage privileges shall not be suspended or revoked pending a hearing.

If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

If New York Police Officer Does Not Appear At Refusal Hearing

If the arresting officer fails to appear at your refusal hearing the administrative law judge will postpone the hearing to another date for the hearing to take place. Your right to drive will be reinstated at that time.

If the officer does not appear the second time, the judge will proceed with the hearing utilizing the police officer’s reports including the report of refusal as evidence of the alleged refusal. You of course have the right to defend yourself and of course have the right to have an attorney represent you at the hearing.

If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

In New York, If I Am Sleeping In A Car, Can I Be Charged With A DWI?

I am asked this question quite often and the answer is not as simple as it may seem. It always comes down to a question of the facts.

If you are sitting behind the wheel of a motor vehicle for the purpose of driving the vehicle even if it is not moving then the DWI charge may stick. Factors to consider are whether or not the prosecutor can prove that the motorist had recently driven the vehicle or that the motorist was seated at the wheel with the motor running with a present intention to drive or operate the vehicle.

On the other hand if the facts make out that the motorist was in fact:
1. Intoxicated and,
2. Sitting behind the wheel of the vehicle and,
3. There is no evidence that he or she had recently driven the vehicle and,
4. The motorist had no intention to operate the vehicle at the time and,
5. The motorist had started the vehicle to turn on the heater (in the Winter) for the sole purpose of keeping warm. Then under these facts and circumstances a conviction for DWI may be avoided.

If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

Cutoff Date In New York From An Out Of State DWI Conviction

An out of state DWI conviction occurring prior to November 1, 2006 will not be considered for purposes of elevating a charge of driving while intoxicated (DWI) from a misdemeanor to a felony in New York.

If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

New York DWI Law “Under The Influence”

In order for the prosecutor to prove that you were driving while intoxicated the police officer’s observations and opinions as to your level of intoxication have to establish that you were “under the influence” not just that you had consumed alcohol. It is not illegal to consume alcohol and drive if your consumption does not impair your ability to operate your motor vehicle and your blood alcohol (BAC) level is not above the legal limit.
Your attorney can question these observations and opinions of the police officer in court. In fact we will vigorously question and cross-examine each and every witness that the prosecutor presents in order to represent you in your case.
One of the key areas of opinion that the police officer offers his or her opinion is whether you passed or failed the field sobriety tests. We will challenge the officer’s opinion in an effort to discount the effect of the officer’s testimony.

If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

New York Driving While Intoxicated (DWI) Defenses – Part 2

Below I will review a few additional potential Drunk Driving (DWI / DUI) Defenses.

Miranda Warnings

Oftentimes police officers fail to give proper Miranda Warnings to motorists when they question them and gather incriminating statements. These statements may be suppressed if the Miranda Warnings were not given at the appropriate time and in the appropriate way.

Implied Consent Warnings (Refusals)

If the Police Officer did not advise you of the consequences of refusing to take a chemical test, or incorrectly advised you of the consequences, this may affect admissibility of the test results. These issues are also a major factor at the Refusal Hearing held at the Motor Vehicle Department

If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

New York Driving While Intoxicated (DWI) Defenses – Part 1

There are several Potential Drunk Driving (DWI / DUI) Defenses. Below I will review a few.

Operation:
The prosecutor must prove beyond a reasonable doubt that you were driving and that that the driver was intoxicated, it is not enough for a conviction to simply prove intoxication.
Proving operation may be difficult if, as in the case of accidents, there are no witnesses to testify as to whom drove the vehicle.

Probable cause:
A judge can suppress evidence, such as statements made by a motorist, physical evidence recovered by the police, results of field sobriety tests and even breath, urine or blood test which would make that evidence unavailable to the prosecutor at trial if the judge believes that the officer did not have legal cause to:
(a) stop your vehicle,
(b) detain you, and
(c) place you under arrest.

If you have been arrested or charged with a DWI in New York, call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.

In New York Is There A Difference Between A DWI And A DUI?

In New York DWI and DUI are used interchangeably outside the courtrooms and in everyday language. Since there are no references in the New York law to DUI as a legal term most attorneys and judges will simply refer to drunk driving cases as DWI cases.
DWI stands for driving while intoxicated, DUI means driving under the influence. There is no legal difference in New York between these two terms.

Here is a short glossary of some of the terms that are used in New York:

1. DWI which stands for driving while intoxicated – Blood Alcohol Content (BAC) of .08 or higher,
2. DWAI which stands for driving while ability impaired – Blood Alcohol Content (BAC) of more than .05 up to .07,
3. AGG-DWI which stands for Aggravated DWI – Blood Alcohol Content (BAC) of .18 and higher,
4. DWAI-DRUG which stands for driving while ability impaired by drugs,
5. DWAI-Combination which stands for driving while ability impaired by a combination of alcohol and drugs.

If you have been arrested or charged with a DWI in New York, or any of the charges mentioned above call the Attorneys with NewYorkDUI.com at 1 800 879 6410 for an analysis of your case. We will provide experienced and personal attention to you and your case.