Driving under the influence is a serious charge in the State of New York. Besides jail time for the underlying offense, it can have long-term effects on your record and your ability to move about freely. However, just because prosecutors have charged you with a DUI does not mean that you can’t win. In fact, judges may simply dismiss your charges if given sufficient reason to do so. For more information on how to get your DUI case dismissed in New York, please read on, then contact an experienced Nassau County DUI lawyer. You may have your New York DUI case dismissed if:
A breathalyzer is a tool that measures blood alcohol levels through a simple breathing device. All breathalyzer machines must be calibrated yearly, tests must be conducted in a certain fashion and operators must be certified. Further, if a breathalyzer gives an inconsistent result (two readings for the same individual that are more than .020 % apart) it must be taken out of service and re-calibrated. Finally, a log must be kept for each machine recording all results. Even though law enforcement has been using the tool for decades, it does not mean that they have been using it properly or that they do not have faulty readings.
Law enforcement must follow strict and straightforward procedures after they arrest an individual for driving under the influence of drugs or alcohol. Any departure from these procedures could result in the judge throwing the case out. You may be surprised to learn this, but DUI checkpoints are not valid unless the police do the following:
- Stop drivers at the checkpoint only for a reasonable amount of time
- Set up proper safety precautions including adequate lighting and fair warning of the checkpoint’s existence
- Use a predetermined random formula or pattern for which cars to stop
Even when police do follow these requirements, they must have probable cause to submit a person to a field test. Failure to do any of that could force the judge to dismiss the charges.
The National Highway Traffic Safety Administration developed the Standardized Field Sobriety Test, one of an approved set of tests, for use nationwide in determining a suspected driver’s level of inebriation. According to law enforcement, each of these tests has objective, measurable factors that an officer uses to determine intoxication. Aside from the reliability, or lack thereof, of this test, if the judge determines that the officer strayed from these measurable factors when evaluating inebriation, he or she may dismiss the case.
Some of these tests may prove difficult for the average sober person to complete cleanly. Therefore, the driver’s failure to complete the test does not necessarily mean that they were inebriated beyond the legal limit.
Judges are inclined to trust those in law enforcement, which is why you need a skilled Nassau County criminal defense attorney who will combat misinformation while protecting your rights.
CONTACT THE LAW OFFICE OF JACOB A. RUDMAN
If you are facing any criminal or traffic matter, contact us today to schedule your first consultation.