What defenses can be used to fight a drunk driving charge?
When it comes to fighting a drunk driving charge in New York, there are a few defenses that can be used. One defense is that, due to the fact that blood alcohol content (BAC) can be affected by many other external factors, such as medical conditions and food consumed, the BAC reading may not be accurate. An experienced attorney can use medical records and expert testimony to challenge the accuracy of the BAC reading in this case. Another defense is that the driver was not actually operating the vehicle at the time of arrest. This can be done by proving that they were not the driver who was in control of the vehicle, or that the car was being operated by another individual. This defense could be argued if there were multiple people in the vehicle. Lastly, an experienced attorney can argue that the police did not have probable cause to stop the vehicle in the first place. This means that the traffic stop itself must be proved as having been justified. In order to do this, an attorney can look at the arresting officer’s notes and ask if they had any clear evidence that the driver had committed a crime, such as running a stop sign or weaving in and out of lanes. In order to successfully fight a drunk driving charge in New York, a defendant must have strong legal representation and a solid defense strategy. With the help of experienced attorneys, defendants can use the above defenses and other methods to decrease their chances of a conviction or reduce the severity of the punishment.
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