One of the most common defenses to a New York DWI offense is challenging the admissibility of the government’s evidence. When police officers investigate someone for driving under the influence of drugs or alcohol, they must respect the constitutional rights of the motorist. For example, a police officer cannot pull over a driver for no reason; they must have either probable cause or reasonable suspicion to believe that an offense occurred. Similarly, police officers cannot ask that every driver take a breathalyzer without justification. If a police officer exceeds the bounds of their authority, any evidence they recovered cannot be admitted at trial.
However, if you wish to challenge the admissibility of evidence, it is imperative that you do so in a timely manner. In a recent case, a New York appellate court rejected a defendant’s appeal because he failed to raise his objections to the admissibility of evidence in a pre-trial motion to suppress.
In that case, the defendant was arrested and charged with two DWI-related offenses. The arrest occurred after police officers used a radar gun to determine the defendant was speeding. As officers approached the car, they identified the smell of alcohol and noticed that he had bloodshot eyes. Officers asked the defendant had been drinking, and he responded that he drank two beers. The officer called backup, who administered a breath test, indicating the defendant was intoxicated.