Getting a DUI/DWI After an Invalid Traffic Stop

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Can You Challenge Your DUI/DWI Charges In Brooklyn?

Challenging a DUI/DWI starts with examining the evidence behind the traffic stop. An attorney should question whether or not the police officer had any cause to pull you over, or if the stop was invalid. Here’s why that’s important and how an invalid traffic stop may impact your DUI/DWI case. 

What Probable Cause Is and Isn’t

Identifying whether or not a police officer had probable cause to pull you over in the first place is crucial. If the officer had no probable cause, it’s possible that the case may be dismissed entirely on that fact alone. At the very least, some evidence from the stop — such as field sobriety testing and breath testing — may be suppressed. 

Some officers will pull over a vehicle based on the idea that they must be drinking and driving, especially if the driver is exiting the parking lot of a restaurant that serves alcohol, a liquor store, or a bar. Or, the officer may spot the vehicle weaving some inside his or her own lane. Although these are popular reasons officers pull over DUI/DWI suspects, they are not in and of themselves sufficient probable cause to do so. 

True probable cause includes but is not limited to: 

  • Expired registration/tags 
  • Broken taillight or headlight 
  • A driver who weaves outside his or her own lane, crossing the white or yellow lines 
  • A driver who breaks a traffic law, such as speeding or failure to yield 

You’ve Been Illegally Stopped and Arrested — Now What? 

If you are arrested for a DUI/DWI, even if you were stopped illegally, you must follow the instructions of the police officer. You do not have any right to resist arrest under any circumstances, even if you believe the traffic stop was invalid. 

You do have the option to decline a field sobriety test, but driving equals implied consent to chemical testing. This means that you must submit to a blood or breath test if the officer requests it — if you do not wish to suffer automatic consequences like losing your license. If you’re arrested after an invalid stop, the best course of action is to remain silent and take mental notes of everything that occurs from the point of your stop to your booking and provide that information to an experienced DUI/DWI lawyer. 

Call Cerbin Criminal Defense Today 

If you’ve been arrested for a DUI/DWI, you may be able to challenge the entire stop on the basis of a lack of probable cause. Contact us for more information.

By : First Page Attorney | April 14, 2020 | DWI

DO’S AND DON’TS’ DURING A DWI STOP

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A DWI Arrest Is An Unexpected Event

A DWI arrest can catch you off guard and change your future in a matter of minutes. It is important to understand that you do have rights. You need to be familiar with the process and what exactly it is that you can and cannot do during the course of a DWI Stop.

What Can I Do If I Am Stopped For A DWI In Brooklyn?

  • It is your right to refuse a Field Sobriety Test.
  • You do not have to take part in a chemical test and can refuse it. Keep in mind that refusal does come with some penalties, namely, license suspension.
  • Wait for a lawyer before submitting to any questioning.
  • Not facilitate a search of your motor vehicle. You can deny access if law enforcement doesn’t have a probable cause to search your car.

What Not To Do During Your DWI Stop

  • Not provide law enforcement with your drivers’ license or identification.
  • If law enforcement decides to arrest you, do not resist the arrest.
  • Refuse to let law enforcement search your car if they indicated that they have probable cause to do so.

What You Should Do During a DWI Stop

  • Remain cordial should you decline to answer questions without an attorney.
  • Not consent to a field sobriety test as the results can be inaccurate and may hurt your case later.
  • If you submit to testing, as for a split test. This will allow you to retrieve the second vial of your blood for outside examination and testing at a lab of your own choice and at your own expense.
  • You can cordially and kindly decline to have your vehicle searched.

What You Should Not Do During a DWI Stop

  • Do not volunteer information. Often one will speak openly and unfiltered out of nervousness and you do not need to answer questions that can later be used against you.
  • You can refuse a field sobriety test or chemical test on the road and ask for hospital or police station testing instead.
  • Do not be belligerent to law enforcement officers as that behavior can lead to grave consequences or serious charges later.
  • You do not have to submit to a vehicle search. You can calmly ask what the probable cause is and should law enforcement persist, remain calm and be sure to state that you have not consented to the search but by no means resist as that can escalate into yet another set of circumstances.

When to Contact an Attorney

On day one, immediately following the arrest, you need to speak to a criminal defense attorney. Do not delay as you will need experienced and veteran criminal defense legal guidance to ahead of your charges as soon as possible.

By : First Page Attorney | February 13, 2020 | DWI

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I am attorney Scott G. Cerbin, Esq., and my firm is located in downtown Brooklyn near the Borough Hall and Jay Street stops. The Law Office Of Scott G. Cerbin, Esq., PLLC, offers free initial consultations to individuals living within all five New York City boroughs. You can reach me at any hour of the day or night, regardless of the complexity of your issue.

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