Driving While Intoxicated
If you have been arrested for driving while intoxicated, I'm sure that you are concerned and have questions. The consequences can begin very early in the case. Your driving privileges may be immediately impacted, based upon the result of a chemical test, or if such a test was refused. If there is a conviction, the penalties are more severe.
Understand that local law enforcement has placed a high priority on arresting and prosecuting individuals whom they think have been driving while intoxicated in Westchester County, driving while intoxicated in Putnam County, driving while intoxicated in Rockland County or driving while intoxicated in New York City.
Many local newspapers, on the eve of a holiday, will usually have a story describing the vigilance police will utilize in attempting to identify drivers whom they think are driving while intoxicated in New York State. The weekly count of individuals arrested for this crime is also usually routinely reported. After arrest, prosecutors are equally aggressive in attempting to prove the charges.
Needless to say, anyone arrested for driving while intoxicated needs representation from someone with experience and who will fight for their rights and defend any charges brought.
However, one must remember that at every step of the prosecution, from arrest through trial, the police and the District Attorney's Office must satisfy various legal requirements.
To make sure that you receive an aggressive defense and that your rights are being protected, the circumstances of your arrest and facts and evidence of your case must be analyzed within the confines of the various laws that may apply to your case. These laws include the United States Constitution, the New York State Constitution, the New York State Vehicle and Traffic Law, the New York State Penal Law, the New York State Criminal Procedure Law, as well as other statutes and regulations. Only then can an expereinced attorney effectively make the appropriate arguments to the Court as to whether the actions of law enforcement satisfied the laws which were put into place to protect individuals accused of crimes.