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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
Drunk Driving Case Mistake 6—Not Exploiting The
Advantage of The "Training Manual" For Roadside
Tests
The "Training Manual" is another example of rules
that the police must follow when they perform a
field sobriety test . . . that is, the roadside
tests I just mentioned above. Most DUI, DWI lawyers know
little about this manual and its rules. Very few
New York DWI lawyers actually take training courses themselves to become
certified and qualified to give these tests. I have
not only taken the certification course. I am also
qualified as an instructor of the certification
course.
At the very least, this manual should be studied
by your New York DWI lawyer. Your attorney will then know exactly
what questions to ask the arresting officer to see
if he completely followed the manual's directions.
This can be powerful evidence frequently overlooked
by DWI, DUI defense attorneys.
You see, if the manual's directions weren't
completely followed, the test's validity can be
attacked. At what point the test is attacked varies
by state. Wherever your DUI, DWI lawyer does it, a successful
challenge results in the test evidence being
excluded at trial. Which significantly weakens the
prosecutor's case. I've found that in an extremely
large number of cases, the police do things
inconsistent with the manual's material.
Even more important, officers don't always use
objective scoring. The manual explains how to score
the tests and how to arrive at a final score. All
too often the officer simply subjectively decides
whether or not you failed the tests.
Another facet of this is officers asking you to
do more than the manual requires.
If you were asked to take a test not in the
manual (and there are only three), then your New
York DWI lawyer
can get that evidence excluded altogether.
Incidentally, the police commonly use tests that
aren't in the manual.
What's the point? It's simple: if your New York
DWI lawyer
doesn't know the training manual, how can he/she
attack the way the arresting officer used it?
Drunk Driving Case Mistake 7—Not Explaining The
Extra Penalties Coming With a Conviction or a Guilty
Plea
If your New York DWI lawyer doesn't advise you about the
administrative sanctions resulting from a
conviction, this is malpractice.
Why are these important?
Because they can include driver's license suspension or
revocation, jail/prison time, a significant fine,
inability to rent a car, substantially higher
insurance rates, and loss of your job (particularly
if your job involves driving).
And this mistake is all too common among DWI, DUI
defense attorneys.
You must take these extra penalties into account
when deciding to plead guilty. If you're not aware
of these penalties, you cannot help but be the
loser.
Drunk Driving Case Mistake 8—Putting the Client on
The Stand
Contrary to popular belief, it is not typically a
good idea to put the accused of DWI, DUI defendant on the stand, expert
DWI, DUI defense attorneys believe. This is primarily because
they are not experienced witnesses, often appearing
to be nervous.
Moreover, a DWI, DUI defendant who is put on the stand
shifts the jury's focus. The objective of the
DWI, DUI defense is to show that the prosecutor's case is not
strong enough to convict beyond all reasonable
doubt. When the DWI, DUI defendant is put on the stand,
however, the focus shifts to the credibility and
honesty of the defendant.
The jury is thus forced to choose between the
police officer and the defendant. Plus, it gives the
prosecutor the chance to make the defendant look
like he's hiding something.
Is there ever a good time to put the defendant on
the stand? Yes, to contradict something the officer
said.
Beyond that, your New York DWI, DUI attorney should stick to placing
reasonable doubt in the jury's mind.
Drunk Driving Case Mistake 9—Attempting to Show The
Officer Lied
Look, your New York DWI lawyer doesn't need to make the
officer sound like he lied to put reasonable doubt
in the jury's mind. All he really needs to do is
show how the officer might simply be mistaken this
time.
Why? Because the jury doesn't want to believe
that the officer is lying. But it will accept the
officer being mistaken. Not to mention, do you think
the officer will admit that he is lying?
It's far better to simply paint the drunk driving case as being
about a cop jumping to conclusions and making
mistakes.
Drunk Driving Case Mistake 10—Not Consulting A
DWI/DUI Specialist
New York DUI attorneys who are expert in DUI, DWI law say that
someone who isn't a specialist should consult one.
Just as you wouldn't hire a criminal attorney to
advise on business law or divorce.
The reason for this is simple: DWI, DUI law is
complex, it involves a lot of science, and a
generalist cannot be everything to everybody.
Knowing how to defend a DWI, DUI case involves
considerable preparation, familiarity with the law,
and knowing what motions to make and when. An expert
in DWI, DUI law has that knowledge.
He or she will quickly be able to spot potential
defenses. He'll know what the investigation and
discovery should be.
If your New York DWI lawyer is not a specialist in this area,
you may not be getting the best advice and you may
not have the strongest case.
You see, a DWI, DUI is no longer a minor offense. The
reforms of the 80's and 90's, the tightening of the
standards defining what DWI, DUI is, and the penalties
imposed have made these cases not just complex, but
also important.
So it's necessary for you to hire the best
New York DWI, DUI defense attorney you can afford so your case is as strong as
possible.
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