When a person is accused of driving under the influence, he or she needs a strong criminal defense to prevent a conviction. Sometimes additional charges are levied with the drunk driving charge, which may make a judge or jury less sympathetic to the defendant. In these cases, it is important that a criminal defense seeks to show that the accused was improperly charged or that there were extenuating circumstances.
On Aug. 6, a Peekskill man was arrested in Livingston, New York. Police claim his blood-alcohol content was .26, which is well over the state’s .08 limit for driving. In addition, the driver apparently gave officers at the scene a false name. However, after an investigation, police determined his real identity. His bond was set at $20,000, with an alternative of a $10,000 bail.
It is unclear why the driver lied to police officers about his name, but it is unlikely to benefit him during a trial. His defense will need to determine the reason for the lie and present it in the best possible light to the jury. The driver may have been operating the vehicle without a license, based on the other charges filed.
Specifically, he is charged with false personation, aggravated driving while intoxicated, first-degree aggravated unlicensed operation and multiple other traffic charges.
If the man is convicted, the potential long-term consequences could involve driving restrictions, jail time and fines. If this is the driver’s first offense, that could be leveraged into a plea deal. It may also be a good idea to ask for probation in lieu of a jail term, especially if it can be shown that the accused is willing to attend substance-abuse counseling.
Source: LoHud.com, “Peekskill man who drove drunk at 3x legal limit among 9 charged with DWI or drugged driving,” Terence Corcoran, Aug. 9, 2012
