Top 3 NYC DWI Defenses
Top 3 DWI or DUI defenses in New York, NY are:
- No signs of intoxication
- No probable cause (PC) or reasonable suspicion (RS) for the traffic stop
- Not in physical control of the vehicle
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Have you or someone you love been arrested for refusing to blow or provide a breath sample?
Possible Defenses: - physical condition inconsistent with intoxicated - and appearance was due to another factor, i.e. tired, long work day, etc. - lack of balance and coordination due to being tired - manner of speech was normal - Incapable of providing breath sample due to medical reasons - refused to give sample because worried over machine's accuracy - language barrier |
DWI DUI checkpoints can't target a person. Can't stop vehicle for legally avoiding the checkpoint
Possible Defenses: - Checkpoint was not applied equally to all drivers - Failure to follow protocols and procedures - Missing video of the stop - Checkpoints require more than one officer and a possible defense could be confusion on what task each officer performed - language barrier |
Arrested for DWI / DUI in NYC? Did you provide a sample of your breath, urine or saliva? Were the results over the legal limit of .08?
Possible Defenses: - The time it took to provide a sample - The qualification of the person obtaining the sample - The maintenance of the machine used to administer the test - The quality of the sample obtained |
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Useful Resources/ Websites:
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 DWI DUI Lawyer NYC
646-580-9692
1180 Avenue of the Americas, 8th Fl New York, N.Y. 10036 |
