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Question: DUI / DWI Traffic - New York

Asked on 9/2/2009
Can i have my DWI case dismissed if i can get a probable cause hearing in my favor?
I was stopped for a DWI (second offense within 10 yrs.) I refused breathalyzer. I have been indicted but not before I got out of jail on a 45 day motion. My only defense at this point is probable cause. The officer gave me a ticket for failure to keep right. That evening was approx. 3 inches of snow on the ground and unplowed. I made a right turn onto the roadway from a private drive ( in a GMC Yukon, big suv) proceeded 50 feet and made a left into my driveway, where I was stopped by the police.

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Answers (2):

B. B., Member in Good Standing of the New Jersey Bar


It's a long shot, but it might work.  "Probable cause" is less than "proof of guilt," by a fair distance.  On these facts, it's at least an argument worth making.  A lawyer would be able to do it best.

The trial might have some interesting twists and turns, another reason to hire a lawyer.  One thing that comes to mind is, how did it happen that the police officer was right there, while you were on the public road for what, 5 seconds at the most?



  • Answered on 9/2/2009
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I am a New York criminal defense attorney.  If there was not probable cause, yes it is possible to get the case dismissed.  It is, however, a difficult endeavor.  If you are not accepting the offer by the Prosecution a probable cause hearing could be a useful tool at trial even if the case is not dismissed based on lack of probable cause. Give me a call if you would like to discuss the matter.  www.CriminalDefense1.com www.NYAttorneyDivorce.com  Darren M. Shapiro, 516-333-6555.



  • Answered on 9/2/2009
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