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A good drunk driving defense attorney always treats every client’s case as one of first impression, even if he or she has seen other cases with similar fact patterns. No two people, and no two fact patterns are exactly alike, so no defense strategy should be a cookie-cutter version of what has been done in the past.

Individualized representation begins with a thorough examination of all of the available facts connected with the vehicle stop, the officer’s conduct when evaluating whether to make a drunk driving arrest, and the arrest itself. The reason why it is critical to rigorously investigate the facts is because the findings of the investigation will play a key role in devising an effective defense. Below are some examples of how understanding what happened during the stop can be important.

 

  • Vehicle location: Some DUI arrests have been made of people who were not even driving their cars. But the location of the vehicle can make a difference in these cases, such as when the vehicle is in a private parking lot or in a driveway and not on a road or lot open to the public.
  • Proper officer training on how to use breathalyzer equipment: It’s true, sometimes the arresting officer can make a mistake with his own equipment. Being able to point this out to a jury can be the difference between conviction and acquittal.
  • Administrative errors: sometimes the police can be careless in documenting a drunk driving arrest. Careful review of the related documentation can reveal those errors, and that can be key in avoiding a conviction.
  • Alternative explanations for what the officer saw: Not all situations where a driver may appear intoxicated are the result of intoxication. Being able to persuasively present such alternative possibilities to a jury can be the catalyst needed to plant that critical “reasonable doubt” in their minds, which is what is necessary to avoid conviction for drunk driving.

Fact-based considerations such as the ones above are really just the tip of the allegorical iceberg when it comes to devising defense strategies that can lead to acquittals on charges of drunk driving. Uncovering those facts depends on having an attorney who will work tirelessly on your behalf, and to whom no case is ever “routine.” That is the kind of representation that you can expect from the New York attorneys at The Law Offices of Zev Goldstein.

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