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County Ten
DWI Mistakes
Arrested for a New York DWI, DUI? Avoid the 10 biggest mistakes
What Happens After A
New York DWI, DUI Arrest?
There are usually both Motor Vehicle and Court
Proceedings.
What Can I Do to
Save My License after a New York DUI, DWI?
Fight to save your license! If you drive after
losing your license, you face substantial penalties.
New York DWI Attorney Fees
What you will be charged and methods of payment.
Areas: Long Island, Southampton, New York, Suffolk County
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The Top 10 Mistakes New York DWI Lawyers Make in Drunk
Driving Cases . . . And How To Avoid Them
Even though attorneys are schooled in the laws
pertaining to a wide variety of legal areas, a huge
amount of expertise comes from practical experience.
Either by prosecuting or defending individuals or
businesses.
For DWI, DUI cases, which involve a great deal of
science in addition to just knowledge of the basic
governing laws, a DWI, DUI lawyer's experience may be the most
critical thing.
And because of the complexity of DWI, DUI cases,
knowledgeable DWI, DUI attorneys consider them to be among
the most difficult to defend. Because of this same
complexity, a great many DWI, DUI attorneys make up to 10 big
mistakes when it comes to defending DWI, DUI clients . .
. mistakes which can profoundly harm their clients
accused of drunk driving in terms of losing their driver's license, paying
considerable fines, being jailed, having huge
increases in their insurance rates, and the effect
a DWI, DUI conviction could have on their current or future job.
To protect yourself and to help you decide which
New York DWI lawyer to
hire and how to plead, you had better know what
these ten DWI, DUI, drunk driving case mistakes are.
Drunk Driving Case Mistake 1—Assuming the Case Can't
be Won
I've been practicing DUI, DWI law for over 20 years
and I've come to believe that making this assumption
and pleading you guilty is the single most important
mistake DUI, DWI attorneys make in representing individuals
arrested for drunk driving.
You see, after getting the breath test result and
the police report, many New York DWI lawyers simply give it up
and advise the accused of drunk driving client to plead guilty.
In fact, the breath test, the alcohol blood level
test, and the roadside tests the arrested for DUI,
DWI person has
to perform all have potential built-in flaws. Flaws
which can make the difference.
For example, the results of a breath test can be
challenged through a Motion to Suppress, or evidence
of your sobriety, or with cross examination of the
police officer or the state's expert. I'll say more
about these in a minute.
Is it more costly to defend than to plead guilty?
Sure it is. But with so much at stake (including
considerable penalty fees), the possibility of
winning should not be just dismissed. And it may
cost less than you think.
And it's not just client costs that are involved.
You see, a New York DUI, DWI lawyer who just advises you to plead
guilty, and who charges a low fee to take care of
that is just asking for a malpractice claim in many
cases. Particularly in cases involving a high
profile person, a case resulting in serious injury,
or one where your livelihood is at stake.
Drunk Driving Case Mistake 2—Not Fighting the
License Suspension
Another common mistake New York DUI, DWI lawyers make is not
contesting a chemical test refusal hearing because
they believe that these hearings cannot be won very
frequently. A revocation can be imposed in New York
for refusal to take a breath or blood test.
But it's simply not the case that the revocation
hearing cannot be won. They can often be won based
on technical defenses, such as
- the sample was not taken within two hours.
- you burped and the officer did not start the
observation period over.
- you had something in your mouth, such as
chewing tobacco.
- you were on an Atkins diet.
- you have diabetes.
- you have dentures.
- you work with solvents.
- an alcohol antiseptic was used when blood
was drawn.
Moreover, by not contesting this hearing they
don't get to question the arresting officer. And
this may be the only time the arresting officer can
be questioned soon after the drunk driving arrest, when his/her
recollection is likely to be most accurate.
Drunk Driving Case Mistake 3—Assuming That The
Breath Test Rules Were Followed
Virtually every state has rules and regulations
concerning the breath test given to people suspected
of DUI, DWI. The critical point for the prosecution is
that these rules must be followed.
This leaves open attacking the results on the
grounds that the technical rules weren't followed.
Through conversations with other New York DUI, DWI attorneys, I've
discovered that far too many DUI, DWI lawyers don't read the
statute and regulations covering breath testing.
Those that don't know the regulations don't
realize that violations of the rules introduced into
evidence can show that the results are unreliable.
Further, showing this can be used to exclude the
breath test results altogether.
Here's an example. The testing officer is
supposed to watch you for 20 minutes before giving
the test to make sure you don't hiccup, burp, or
puke. Because these things can totally skew the test
results. A number of courts have excluded test
results for this violation, even though the accused
may not have actually hiccupped, burped or vomited.
In fact, a host of criteria must be met or the
test results will often be thrown out. These
include:
- the test operator having a current
certification.
- the machine having a current certification.
- calibrating the machine as often as
required.
- changing the mouthpiece before the test is
given.
- keeping a record of the temperature of the
calibrating solutions in the machine.
- keeping a log of the tests run.
- counting the number of times the calibration
solution has been changed.
Thus, to defend you properly, a New York DUI, DWI lawyer should get
copies of the various logs, maintenance records, and
the operator's license or certification. Sadly, most
New York DUI, DWI lawyers don't, settling instead for just the
complaint and the drunk driving arrest report.
Drunk Driving Case Mistake 4—Not Filing A Motion to
Suppress
Not filing this pre-trial motion before a trial
is a huge mistake according to many DWI, DUI experts, and
maybe the most common mistake DUI, DWI attorneys
make according to others.
Even though this motion doesn't succeed very
often, a case can be won by filing it. While a stop
is generally justified if you were weaving from lane
to lane, weaving within a lane may not make the stop
justified. And whether they'll admit it or not, this
motion may resonate with a judge.
Equally as important, even if the motion loses,
it provides another opportunity to question the
arresting officer. The officer can be asked a broad
range of questions. And his testimony can be used at
trial as well as in plea bargaining.
If the testimony is different in the chemical
test refusal hearing, the pre-trial suppression
hearing, and again at the trial, the stronger your
DUI, DWI case is. And it is not uncommon for this to happen.
Drunk Driving Case Mistake 5—Not Personally Checking
Out The Arrest Location
Many DUI, DWI lawyers don't visit the drunk driving arrest location. And
this can be exceedingly crucial. One DWI, DUI lawyer I know
goes to the arrest scene even before a prospective
client comes in for his/her first appointment. And
he takes pictures of the spot where the tests were
given.
Why? First of all, it could point out that the
particular location made the roadside test difficult
to perform. For example, if there's heavy traffic
speeding by on a highway. Or if the shoulder of the
road used for the roadside test is slanted. A
slanting road automatically makes the tests more
difficult to perform. Or a winding road could
explain erratic driving.
Seeing and knowing these things makes it much
easier for your New York DWI lawyer to ask probing questions
about the roadside test, and, in some cases, point
out a physical impossibility to the jury.
Again, an example: An officer may testify that
you wove a certain number of times on the road. But
there may not have been enough time for you to weave
this many times in a given stretch of road. When
illustrated by your DWI, DUI attorney, this is very telling.
Or, there may have been obstacles preventing you
from driving with two wheels on the sidewalk, which
the police may claim you did.
Next
5 Drunk Driving Case Mistakes
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