Although there may be other ways a DWI charge could be dismissed, we will discuss the five (5) most common ways in this post.
A DWI charge could be dismissed if it is determined that the officer did not have a reasonable suspicion to pull the vehicle over. If an officer stops a vehicle traveling on a public highway, he/she can only do so if they have a reasonable suspicion that the...
I want to talk a little about the Impaired Driver Program (IDP). Generally speaking, once you are convicted of an alcohol related violation in New York State, your license will be suspended or revoked by the New York State Department of Motor Vehicles. But, if you complete the New York State’s Impaired Driver Program (IDP), you may be able to apply for a conditional license.
To begin the...
In my opinion, field sobriety tests lack reliability for the following three (3) reasons:
When they are administered in the field, officers cannot emulate the environment in which the tests were validated.
The tests fail to take into consideration things like age, weight, disabilities, and injuries.
From memory, officers often fail to administer the tests in the standardized manner in which...
Standardized Field Sobriety Tests are tests designed to determine whether someone has a Blood Alcohol Content (BAC) of over .08%. In order to be reliable, Standardized Field Sobriety Tests must be administered in the manner they were validated. The problem is that these tests were validated in an office setting where those administering the tests had all of the instructions, demonstrations,...
The conditional license is generally offered to individuals who are convicted of an alcohol related driving offense and who are subject to a suspension or revocation relative to the conviction (“the post-conviction conditional license”). However, generally it takes about 20 days from the date of sentencing on an alcohol related conviction before the DMV will offer a conditional...
The “conditional license” is generally an option for individuals who are convicted of an alcohol related driving offense and who are subject to a suspension or revocation. You may hear lawyers refer to this as a “post-conviction conditional license.” However, generally, it takes about twenty (20) days from the date of sentencing on an alcohol related conviction, before the DMV will offer the...
Will I Be Able To Drive At All? The “conditional license” is generally an option for individuals who are convicted of an alcohol related driving offense and who are subject…
Will I Be Able To Drive At All? The “conditional license” is generally an option for individuals who are convicted of an alcohol related driving offense and who are subject…
Will I Be Able To Drive At All? The “conditional license” is generally an option for individuals who are convicted of an alcohol related driving offense and who are subject…