November and December are supposed to be festive months for most people. The celebrations that happen in late Autumn and early Winter give people plenty of opportunity to celebrate with family… and also plenty of opportunities to drink and make grave mistakes. Thus, it is not all that surprising that there is no other time of year where more people drive while intoxicated (DWI) or drive under the influence (DUI) than during the holiday season. Continue reading “Don’t Let a Holiday Celebration Turn Into A DWI”
It should go without saying that no one should ever drive drunk, or while under the influence of any intoxicating substances. However, some people do wind up driving drunk regardless, and if they are arrested for it, they can face many potential consequences, even without being convicted. Here are five potential consequences for drunk driving: Continue reading “Five Potential Consequences of a Drunk Driving Arrest”
Being pulled over by the police is always a stressful event, even if you don’t believe you’ve done anything wrong. You know, at the very least, that you’re likely going to have an intimidating conversation, may wind up with a ticket, and are very likely to be late to wherever you’re trying to go. However, if you keep these five things in mind, you can minimize the harm a police stop can do.
Try to stay calm.
Remaining calm at a police stop isn’t just a good idea from a mental health perspective. It will also help you to maintain perspective and stop from acting rashly. Moreover, the more nervous you act, the more it may incentivize a police officer to escalate the stop to a search or seizure, so the less jittery you can seem, the better your odds of walking away with minimal consequences.
Don’t feel obligated to answer police questions.
While the 5th Amendment right against self-incrimination (the “right to remain silent”) doesn’t apply if you’re not in police custody, you’re still not legally obligated to answer a police officer’s questions. Thus, if you believe an answer to a police officer’s question is more likely to cause harm than good, you can simply say you don’t want to answer their question. At that point, the officer may need to choose between escalating or letting you go, but at the very least you’re not providing additional evidence that may be used against you.
You may not be able to stop a police search.
Under normal circumstances, the police cannot search a person’s property without a warrant backed by probable cause. However, under the so-called “automobile exception” to the 4th Amendment, a police officer can conduct a search of a motor vehicle without a warrant, so long as they have probable cause to believe the vehicle contains evidence of a crime. This means that stopping a search of your car may be nearly impossible, so don’t get too upset if the police decide to start rooting through your car at a traffic stop.
You can refuse a breathalyzer, at a price.
Technically speaking, you don’t need to submit to a breathalyzer test at a traffic stop if you don’t want to. However, by law, anyone who refuses a breathalyzer test at a traffic stop automatically forfeits their driver’s license. So, if you don’t want to take the breathalyzer, you can refuse, but you may not be able to legally drive again for at least a year.
You can ask to call a lawyer.
Just like in any other situation where you find yourself confronted by the police and at risk of arrest, you can call your lawyer to help you at a traffic stop, if you can get in contact with a lawyer in a reasonable time period. That said, the police aren’t obligated to wait around for your attorney to show up, nor do they have an obligation to wait while you search for a lawyer to call. Thus, if you can’t get your attorney on the line right away, the next place you’ll likely have a chance to talk to them is at the police station.
If you are placed under arrest, remember to exercise your right to an attorney and get legal representation as soon as possible. A Suffolk County criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Central Islip criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.
Newsdayreported that, as part of the National Highway Traffic Safety Administration’s (NHTSA) “Drive Sober or Get Pulled Over” campaignthat took place between December 13, 2018 and January 1, 2019, New York State police issued 48,877 tickets and arrested 783 people for drunk driving or driving under the influence of drugs. During that time period, troopers also investigated 643 crashes that resulted in eight deaths and numerous injuries, according to New York State Police.
Continue reading “More Than 49,000 NYS Drivers Didn’t “Stay Off the Naughty List””
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.
Continue reading “Contact a Lawyer Immediately After a DUI/DWI”
As we begin to reach the height of summer, it seems every weekend is consumed by barbeques, vacations, beach days, holidays, and other activities. Many people choose to relax at these weekend festivities with alcohol and some even choose to operate a vehicle while under the influence. July 4th has become one of America’s deadliest holidays as a result of the increased number of DWI accidents and overall, the abundance of summertime activities tend to heighten the risk of these tragic incidents.
Continue reading “Avoid Intoxicated Driving This Summer”
Driving Under the Influence (DUI) and Driving While Intoxicated (DWI) are serious traffic matter that could result in a criminal record and jail time. If you find yourself under questioning or arrest, consider the following.