A 35-year-old New York man was charged with driving while under the influence of alcohol on the evening of Feb. 6 after he allegedly lost control of his pickup truck while attempting to make a right turn. The East Hampton resident was also charged with the unlicensed operation of a motor vehicle after police discovered that his driver’s license had been suspended. Media reports indicate that the man’s bail has been set at $7,500.
An East Hampton Town Police representative says that the man’s Chevrolet pickup truck wound up on the shoulder after he misjudged a right hand turn. Police say that the man had been attempting to turn from Montauk Highway onto Windmill Lane in Amagansett at about 9:06 p.m. Officers arriving at the scene say that they became suspicious when they detected the strong smell of alcohol emanating from the man’s vehicle.
Police claim that the man’s eyes were bloodshot and glassy and he was unable to speak coherently. Officers also say that they observed a brown paper bag in the back of the man’s truck that contained an open bottle of liquor. He was taken into custody after allegedly performing poorly during standard field sobriety tests.
Police reports in drunk driving cases often mention glassy eyes and slurred speech, but the suspicions of police officers are not enough to prove criminal charges beyond a reasonable doubt. This is why prosecutors rely on the results of blood or breath tests in DWI cases, but this kind of evidence is not always completely reliable. Experienced criminal defense attorneys may seek to have toxicology tests ruled inadmissible if strict protocols have not been followed, and they may question the reliability of test results if the equipment used has not been properly maintained or the sample tested may have been mishandled.
