Without all the details, it can be difficult to ascertain the truth of any situation. Take, for example, a recent case in New York of a woman who accidentally crashed her car. Police arrested her for alleged drunk driving, but the article makes no mention of any details to corroborate that fact.
At approximately 11:15 on the night of Saturday, March 11, the 49-year-old woman allegedly crashed her Jeep into a pole in the Staten Island area. The woman's 9-year-old son was a passenger in the car and apparently received minor injuries. He was subsequently released to a family member.
The woman herself may or may not have been injured, as that information has apparently not yet been made available. She was arrested and charged with endangering the welfare of a child and driving while intoxicated. She also faces charges of aggravated driving while intoxicated under Leandra's Law, which is a state law specific to New York that automatically turns a first drunk-driving offense into a felony if there is a person under the age of 16 in the vehicle.
The article makes no mention of whether any sort of testing was performed to determine whether or not the woman had, in fact, been drinking. There is no information on whether police gave the accused a breathalyzer, performed field sobriety tests, did blood testing after the arrest or just made an assumption about her drunk driving. While there are many visual cues that an individual might be driving while intoxicated, these could also be signs of other situations, such as a medical condition or the side effects of a medication. Without all the facts, it is difficult to make assumptions as to what defense strategy the woman's attorney may attempt. Regardless, an experienced New York criminal defense lawyer will be able to fight on the woman's behalf, ensuring her rights are protected and all avenues are explored for the best possible legal outcome.
Source: CBS New York, "Police: LI Mom Hits Pole In DWI Crash With 9-Year-Old In Car ?? CBS New York", March 12, 2017