Law enforcement officers are trained and hired to maintain law and order. Part of this involves keeping the public safe by spotting and keeping drunk drivers off our roads.
To err is human, however. And it’s not uncommon for these public servants to make mistakes while performing their duties. Unfortunately, these mistakes can have lasting consequences if you end up being convicted of DWI in New York.
Common police mistakes during DWI stops
Several lapses can happen during a traffic stop. In fact, the first mistake can happen even before you pull over and lower your driver’s window. Law enforcement cannot stop you on a mere whim. They must be reasonably suspicious that you are drunk behind the wheel. And after the stop, they must have probable cause to investigate you for drunk driving. If there is no probable cause for your DWI charge, you may successfully challenge the charges.
After the stop, the police might end up conducting an unlawful search or hold you longer than is reasonable. Both can amount to a violation of your rights.
The police can also make mistakes while collecting evidence. For instance, they may fail to administer a standardized field sobriety test. They may also fail to follow the right procedures when administering a breathalyzer test, and this can result in a false positive.
Defending against wrongful DWI charges
It’s a fact of life that no one is perfect. However, police mistakes during a DWI stop can cost you your freedom and ruin your reputation.
Considering the significance of the consequences of police mistakes during a drunk driving stop, it is crucial to identify the lapses and defend against any charges that may arise from them. Besides protecting your rights and future, this can also highlight pervasive issues that threaten other drivers’ rights and liberties.