Law Office of Luke Scardigno - Queens Criminal Defense Attorney

Traffic violation stop leads to drunk driving charges

A 25-year-old New York resident who was stopped by law enforcement officials for a traffic violation is also facing drunk driving charges. The incident took place during the early morning hours of July 13 on I-87 in Greenburgh.

According to the report, the woman, who resides in Yonkers, was driving on the interstate when police pulled her over about 1 a.m. During the traffic stop, police took her into custody after they suspected she was driving under the influence of alcohol and brought her to the Tarrytown barracks where officials determined the level of her blood-alcohol content was .18 percent.

Police have charged the woman with a misdemeanor, multiple traffic and vehicle violations, and aggravated driving while intoxicated. Authorities then released the woman on appearance tickets, and a sober third party came for her. Her hearing was scheduled for July 22.

People who are facing drunk driving charges in New York could possibly be penalized with jail time and heavy fines if they are convicted. Therefore, they might wish to have the assistance of a criminal defense attorney in developing a strategy to combat the charges. One such potential defense could be to challenge the initial traffic stop itself as being made without probable cause. Another would be to assert that the breath test machine was not properly calibrated or that the field sobriety tests were not carried out according to protocol. If it is a first offense, an attorney could in some cases have the prosecutor agree to a lesser penalty such as community service.

Source: Patch, "Yonkers Woman Arrested in Greenburgh, Charged with Drunk Driving", Michael Woyton, July 13, 2016

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