Police in New York have reported that a 31-year-old Suffolk County resident was taken into custody on the afternoon of Oct. 30 following a routine traffic stop. The man, who police say has not been in trouble with the law before, faces a number of charges including a misdemeanor count of aggravated DWI. Reports indicate that the man’s bail has been set at $500.
The man’s Honda sedan was pulled over by Suffolk County Police Department officers at approximately 4:30 p.m. on Montauk Highway in East Hampton. Police claim that the car had a defective taillight and was weaving between the westbound lane of the roadway and the center median. The officers involved say that the man behind the wheel of the car was unable to speak clearly, smelled of alcohol and had glassy and bloodshot eyes. Officers also allege that the man had difficulty maintaining his balance when he attempted to exit his vehicle.
Police reports indicate that the man was taken into custody after failing several field sobriety tests. A subsequent breath test is said to have determined his blood alcohol level to be .18 percent. This is more than double the New York legal driving limit of .08 percent.
Most drunk driving cases hinge on the testimony of the law enforcement officers involved and the results of breath or blood tests. Those accused of driving under the influence often feel that the evidence against them is overwhelming, but police must respect strictly defined constitutional boundaries and even sophisticated toxicology testing equipment can be unreliable in certain situations. Experienced criminal defense attorneys may seek to have drunk driving charges reduced or dismissed when police officers are unable to establish compelling probable cause for a traffic stop or the results of breath or blood tests could be inaccurate.
