A man from Long Island was recently placed under arrest by the East Hampton Town Police Department on charges of aggravated DWI. According to police officers, the local man was spotted driving his small sedan west with the high beams on. When police began to pursue him for failing to dim his high beams, he allegedly sped up until he was caught at a traffic light.
The driver also allegedly swerved and slowed down at various times, and police claim to have noticed a strong smell emanating from his vehicle, which they believe was caused by the driver applying a great deal of pressure to his car's brakes. Once the police pulled the driver over, they allege that he performed poorly on field sobriety tests and appeared intoxicated.
The accused driver was released the morning after his arrest on his own recognizance.
When a driver is arrested on charges of DWI, there are a few paths that can be taken in order to mount a successful drunk driving defense. One such path is alleging that the police executed an improper stop. If the officer in question did not have probable cause to pull a driver over in the first place, then any arrest resulting from that interacting may be thrown out by a court as a constitutional violation.
Field sobriety tests can also be challenged on grounds of incorrect administration or grading. In the case of a Breathalyzer, improper calibration or recent vomiting or indigestion can also lead to incorrect results that can be successfully disputed in court. The potential consequences of DWI convictions can be severe, so it is often worth it to fight the allegations in court.
Source: East Hampton Patch, "Town Police Logs: Officer Hears DWI Crash in Amagansett," Taylor K. Vecsey, Feb. 5, 2013