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With holiday DWI and driving offense crackdown, a defense is key

Drunk driving is an issue that New York State and its law enforcement takes seriously and tries to do what is possible to reduce its incidence and prosecute those who are arrested and charged with it. That often includes checkpoints at certain intervals when it is known drivers are prone to operating their vehicles under the influence. However, when a driver is arrested and hit with drunk driving charges due to checkpoints and targeted enforcement, there is a chance that drivers who have a reasonable excuse for the situation will get caught up and charged. This is when it is essential to have a strong legal defense.

New York State took steps to enforce the laws against drinking and driving and other unsafe driving activities over Thanksgiving. This is something that will continue throughout the holiday season. In the campaign, law enforcement is seeking out drivers who are taking part in underage drunk driving, adult DWI, driving while distracted, and ignoring the laws stating drivers must move aside for emergency vehicles.

Since so much traffic is on the road during the holiday season and people are celebrating with family and friends, alcohol is frequently believed to be part of that. This can lead to driving under the influence. But people who are stopped are not necessarily drunk or do not have a high enough blood-alcohol content to warrant an arrest. If they are still arrested, they must craft a viable defense. During Thanksgiving one year ago, there were 245 DWI arrests, more than 5,400 tickets for speeding, nearly 700 tickets for distracted driving, and 265 tickets for drivers flouting the law mandating that drivers must move over for emergency vehicles.

Drivers who are arrested for DUI might have been subjected to a field sobriety test. These tests can sometimes be flawed. A breath test can also be called into question if, for example, the machine was not calibrated correctly or the officer giving the test was not certified. Then the evidence could be thrown out. With traffic tickets for speeding, a driver can lose his or her driving privileges. When arrested, charged or cited, it is crucial to formulate a drunk defense with help from an experienced legal professional to combat the charges.

Source: patch.com, "Drunk, Distracted Driving Crackdown: Thanksgiving Weekend 2017," Lanning Taliaferro, Nov. 22, 2017

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