Getting pulled over by a New York police officer can be a stressful experience. In fact, things often get a lot worse before they get better, especially if the officer believes the driver may have shown signs of DUI. It is best to remain as calm as possible in such circumstances, even if an arrest takes place.
There are often several defense strategies that may be viable options for those facing drunk driving charges in New York. The ultimate outcome of a particular situation may depend on which option is chosen. Determining which strategies best fit individual circumstances can be tricky, which is why most defendants turn to experienced criminal defense attorneys for support.
A key factor to avoiding conviction and perhaps even getting a case dismissed is whether the arresting police officer had reasonable cause to make the initial traffic stop. If there is lack of evidence that a reasonable suspicion existed, then the court may decide to dismiss all charges related to the incident. For instance, a police officer cannot lawfully pull a driver over merely because he or she exits a parking lot at a bar, unless the officer witnesses a violation of traffic regulations in the process or perhaps witnessed the driver staggering on the way from the bar to the vehicle.
A defendant may also be able to challenge the validity of a Breathalyzer test. There are procedures that must be followed regarding administration of such tests. For one, the person administering the test must be certified to do so. The device used must also be properly calibrated at the time. There are numerous issues that may produce false positive test results; the bottom line is that DUI charges are not proof of guilt and anyone facing such charges in New York may seek legal assistance to contest the formal charges in court.