Are You Facing DWI Charges in Nassau, Suffolk or Queens County?
An attorney who handles DWI cases can assist people who have been charged with either driving while intoxicated or driving while impaired. Police officers are always on the lookout for drivers who might have had too much to drink. A driver who fails to signal a lance change, or crosses a marked white line on the road, or fails to put their lights on at night, or does not respond quickly to a traffic light, will be presumed to be driving under the influence by law enforcement officers, even though there are plenty of innocent explanations for the above traffic infractions.
If you are facing criminal charges you should hire an experienced attorney. An experienced attorney should explain the charges to you and any possible defenses that you may have. After a discussion of the facts surrounding your particular case a determination can be made as to the best way to proceed. Options include plea bargaining or taking the case to hearings and trial. Of course, it is the client's choice as to how to proceed after having been fully informed of all the options.
Clients are often surprised to learn that they can be found not guilty even if a police officer claims they failed a field sobriety test. In fact a person can allegedly fail all of the field sobriety tests and be found not guilty. Field sobriety tests are subjective tests that are being evaluated by officers who have usually made a determination as to a person’s level of alleged impairment before the tests even begin. Even if a person gives a breath sample which exceeds the legal limit it does not mean they are guilty. There are many reasons that a breath testing device can be inaccurate and give a false high reading. There are many defenses to a charge of DWI and an experienced attorney should explain them to you.
Field sobriety test can be challenged and shown to be wrong. For instance, the client might have failed the test not because they were under the influence but because they were tired, or because they were over weight, or because they were nervous. Many times field tests are done along the side of a busy highway, out in an open as cars go racing past. The road surface where the test is given could be an inappropriate location due to holes, or because it is uneven, or because of nearby distractions which can cause the person to fail the test. Test results don’t always tell the whole story.
Breath testing devices can be challenged if they are reading mouth alcohol, or if they are not properly calibrated or if they are not properly operated. An experienced attorney will examine the procedures used to operate and maintain the breath testing machine to ensure that your rights are being protected.
In situations where a police officer was notified by a third party that the client was driving drunk, the charge might have to be dismissed. An officer has to observe the operation, and it must violate the law for a motorist to be stopped without a warrant.
No one thinks that driving while intoxicated or driving while impaired is acceptable, however it is not against the law to have a drink and operate a motor vehicle. It is only against the law to operate a motor vehicle and drive if the alcohol consumed has affected the operator’s ability to do so safely. Think about the couple who goes out to celebrate an anniversary and has a glass of wine with dinner, most people see nothing wrong with this. On the other hand a person who goes out and drinks to excess downing shot after shot should not be on the road. I encourage everyone before having drinks to arrange for a designated driver or arrange alternate transportation home. For those however, who have been charged with driving while intoxicated, the terrible ordeal has just begun. A conviction to the charge of driving while intoxicated will result in a revoked driver's license, increased insurance premium, ignition interlock, possible jail and a heavy fine.
Given the possible repercussions of a DWI conviction, it is of vital importance that you select a law firm that is going to protect your rights.
At the Law Office of David Galison, P.C., we are experienced trial litigators who will advise you in the legalities pertaining to DWI charges. If you are charged with DWI in Nassau, Suffolk and Queens Counties call us today at 516-242-4477 for a FREE Consultation/Legal Review of your case and see how we can help you.
Criminal Attorney Nassau County
The Law Office of David Galison, P.C.
This is an Attorney Advertisement. This website is designed for information purposes only and in no way establishes a attorney client relationship.
I hope that you find the information useful and look forward to meeting with you at the Free Consultation.
© 2011-2016 David Galison, P.C. All rights reserved.
Visit the Galison Law Website Network
Criminal Attorney Nassau County • The Law Office of David Galison, P.C., • 1539 Franklin Ave Mineola, NY 11501
(516) 242-4477 • FAX (516) 742-6477
Galison Law Web Network