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Potential Defenses That Could be Used for Your Queens County DWI


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These defenses that could save you from being convicted!

Queens County may be the second most populated county in New York State but they still take laws very seriously.  If you are out at the bars with friends and end up getting stopped for drinking and driving, you will have to face harsh New York DWI laws.  This may sound tragic but you still have to consider the fact that just because you have been charged with a crime does not automatically mean you will be found guilty.  Police officers can and do make mistakes.  However, to be able to fight the charges effectively, you need to contact a seasoned Queens County DWI lawyer to assist you with your case.  Do not discount the impact a knowledgeable attorney and a solid defense can have on your case.

Several DWI defenses your Queens County DWI lawyer may consider include: 

  • Lack of probable cause for arrest- Solid information is required in order to lead an officer to believe that a criminal act is or has been committed.  If this did not happen with your Queens County DWI, the arrest would be unconstitutional.

  • There was not rational suspicion for pulling the subject over- If law enforcement does not have a valid reason for pulling you over, the stop can be deemed as unconstitutional.  Therefore, any evidence that was obtained as a result of the stop will be thrown out.     

  • Field tests not administered correctly- Because field tests are subjective tests, they are required to be given based upon strict guidelines provided by the National Highway Traffic Safety Administration.  If this does not happen, the tests will be null and void.

  • Miranda Warning Violations- Before an officer questions you, they have to provide you with the following information:  you have the right to remain silent, anything you say or do can and will be used against you in a court of law and you have the right to an attorney.  If you cannot afford an attorney, one can be appointed to you.

  • Denied your right to counsel- If you are arrested for a DWI in Queens County and ask to speak with an attorney, you have to have the opportunity to do so within a reasonable amount of time.

  • Errors have been found in the breath testing device- Breath testing devices are known to be unreliable.  For this reason, the testing protocols and the calibration of the device have to be done very carefully.  If they are not, the results of any tests can be suppressed.

Of course, these are not the only defenses for driving under the influence so if you have been arrested for a DWI and have not yet contacted a talented Queens County DWI lawyer, you need to do so as soon as possible.  At 1.800.DUI.LAWS, you will be matched with up to three, skilled, local DWI attorneys who will compete to represent you. Call now!

 

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