Sitio web en Español: 

24/7/365 Emergency Hotline: 631-348-1702

Group Photo
group-photo-2024
slide-image-4-mcguire-pelaez-bennet-badge
previous arrow
next arrow

24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

Contact a Lawyer Immediately After a DUI/DWI

Being charged with a DUI can impact an individual financially as well as jeopardize his or her driving privileges. There are a number of defenses available in a DUI case that may reduce a charge or result in an acquittal. A recent case, which the defendant ultimately lost, helps illustrate one of those defenses.  The New York State appellate division ruled on a case where a defendant was arrested for driving under the influence. The defendant was taken to the police station where the arresting officer and two other experienced officers witnessed a Breathalyzer test and an additional 13-step procedure. One officer administered the Breathalyzer test, along with the 13-step procedure, while another officer videoed the events.

The first two Breathalyzer attempts resulted in two errors. On the third attempt, the defendant’s blood alcohol level (BAL) registered at 0.25. The officer who performed the Breathalyzer and additional 13-step procedure retired from the police department and was unavailable to testify. Due to this, the police officer that documented the testing through video was called to testify in court where he indicated that he believed the defendant was under the influence of alcohol. In the case, the 13-step procedure checklist was not offered into evidence.  However, the jury found the defendant guilty of driving while under the influence.  The defendant appealed the conviction.

The lower appellate court found that the defendant’s Confrontation Clause rights were violated.  The court reversed the conviction, based on the fact that the retired officer was unable to testify at trial and the other officer being unable to testify about the Breathalyzer machine’s error because he didn’t personally observe it during the actual test. Furthermore, the court noted that testimony by a witness against a defendant is inadmissible unless the person offering the testimony appears at the criminal trial, or if a defendant was able to previously cross-examine the person. The prosecution appealed.

The second department applied case precedent interpreting the Confrontation Clause.  The court found that the defendant’s rights were not violated. The court reasoned that the testifying officer witnessed the breathalyzer test and was present the entire time.  The officer had experience and was trained on how to understand and operate the mechanism. In addition, the officer testified that due to his experience and training, he was able to recognize whether the mechanism was functioning properly. Furthermore, the testifying officer had sufficient time to observe the defendant.

An experienced Long Island DUI/DWI lawyer can help minimize the impact that a DUI/DWI charge can have on your life. The Long Island DWI lawyers at McGuire, Peláez & Bennett P.C. are experienced in handling these cases and will fight vigorously on your behalf. For more information or to schedule a consultation, contact our Suffolk County DUI lawyers at 631-348-1702.

Leave a Reply

Your email address will not be published. Required fields are marked *


The reCAPTCHA verification period has expired. Please reload the page.

Reviews

The best lawyers
I had an incredible experience working with this law firm for my case. Chris and Karen were so supportive and communicative during the process and it was such a pleasure speaking with them. I had a difficult case and I reached out to them with such short notice, only 24 hours in advance and they were able to show up to my court date the very next morning and also got my case dismissed. I was really impressed when they started to working on my case immediately while I was still there. They are very efficient and I felt like they really cared about my situation. Everyone in the office is really friendly and communicative and they made the process truly stress free. The office is really nice and the waiting area is pleasant as well. If you feel uneasy or unsure , be assured that this firm will have you feeling relieved and happy with the results. I would refer this firm to anyone in need of legal representation especially on late notice. Can wholeheartedly say they’re top notch lawyers. Thank you again
Chris is the man. I had an issue related to school matters and I was stressed and didn’t know who to turn to. I found Chris, and he was so helpful. He knows what he’s doing and we were able to get the outcome we wanted. Thank you! Will not hesitate to use you again should I need to. Whether it’s educational law, personal injury, etc. Very responsive and attentive.
Response from the owner:Thank you Rachel. Loved working for you. So happy with the outcome. Best. Chris
Son muy buenos abogados recomiendo este lugar excelente trabajo el de ellos
exelente abogado trabaja al 100 ayudando a la comunidad hispana al 100%
It’s always a pleasure doing business in this firm. They are professional, considerate and friendly.
Response from the owner:Thank you Jenny!
Skip to content