New York Driving While Intoxicated (DWI) Defenses – Part 2
Below I will review a few additional potential Drunk Driving (DWI / DUI) Defenses.
Oftentimes police officers fail to give proper Miranda Warnings to motorists when they question them and gather incriminating statements. These statements may be suppressed if the Miranda Warnings were not given at the appropriate time and in the appropriate way.
Implied Consent Warnings (Refusals)
If the Police Officer did not advise you of the consequences of refusing to take a chemical test, or incorrectly advised you of the consequences, this may affect admissibility of the test results. These issues are also a major factor at the Refusal Hearing held at the Motor Vehicle Department