Probable Cause in a DWI Charge
If you have been arrested for a DWI, you may be feeling angry. Perhaps you were absolutely not driving under the influence and you were arrested under probable cause. Here is what you should know about these instances.
In order for an individual to be approached by a police officer, one of several things must occur. If there’s a motor vehicle accident, a police officer has an obligation to go to that scene and try to assist. We’re not talking about a probable cause for the police officer to arrive on that scene, but we are talking about probable cause in order to make an arrest. What type of information did the police officer ascertain when they arrived on the scene? Was the individual hurt? What led them to believe that they were intoxicated? Did they smell of alcohol? Did they have bloodshot and watery eyes? Perhaps they had bloodshot and watery eyes because their air bag deployed. Were they staggering or had slurred speech? Perhaps they were staggering and had slurred speech because they were just in an accident. The issue of probable cause for the police officer to arrive might not be at issue. Probable cause may be at issue for the arrest of that individual.
Furthermore, there are probable cause issues when someone is pulled over. If a police officer states that someone was pulled over because they were weaving in and out of the lines or had some other traffic infraction, that can be challenged at a pre-trial hearing to determine whether or not the judge believes there was probable cause to pull somebody over. Those types of defenses are ripe in any DWI case that has them. Furthermore, very often in the City of New York there are checkpoints. A checkpoint is where a police department sets up a roadblock and those roadblocks or checkpoints are inherently unconstitutional unless it can be established that they were set up for a legitimate reason and were conducted in a legitimate way. I’ve had cases where we’ve challenged checkpoints and had those checkpoints suppressed because they were unconstitutional.
If you were arrested for DWI under probable cause, please call our NYC criminal defense lawyers to set up a free consultation and go over your case.