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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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SPECIAL REPORT:
Mistakes the police make during a drunk driving
arrest in New York. . . and how they can help
you:
- Stopping a vehicle on the basis of an anonymous
call. An officer can not rely on a phone call to
stop you, if he does not have a name and address for
the caller.
- Following a driver into his residence without an
invitation or without enough information to justify
the entry. Your home is protected under the fourth
amendment.
- Basing a New York DWI, DUI arrest on the statements of the driver
alone. The officer must have independent evidence to
corroborate these statements. This often arises when
he has not seen you in physical control of your car.
- Detaining a driver longer than is reasonable to
investigate. The constitution does not allow
officers to hold you without limit.
- Stopping a vehicle without an articulable
suspicion. An officer can not stop you just because
he thinks you are suspicious.
- Weaving within a lane. The statute only requires
you to drive as nearly as is particle within a
single lane. Some cases hold that one weave into the
shoulder is not enough reason for a stop.
- Stopping a vehicle based on a misperceived
violation of a law. The officer must be right about
his interpretation of the law.
- Stopping a vehicle for an improper sign. Street
signs and lane markings must comply with the Manual
for Uniform Traffic Control Devices.
- Failing to follow the rules of the Board of Tests
and Intoxilyzer operation manual. These failures may
invalidate any alcohol testing.
- Stopping at an improper roadblock. There are
guidelines that must be followed to validate the
stop.
- Stopping a vehicle without being able to identify
it as the one actually committing a traffic
infraction. Officers must be able to convince the
Court that they stopped the right car.
- Stopping a vehicle for no reason at all. It's
done. Officers usually do not show up in Court on
these.
- Blocking a vehicle's exit without justification.
Officers may not restrict a drivers freedom to leave
without a reason.
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