What to do if I was arrested for DWI after being wrongfully stopped by a police officer?

UPDATED: Oct 7, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 7, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if I was arrested for DWI after being wrongfully stopped by a police officer?

I was leaving a bar and the officer said he pulled me over because I didn’t signal. He also stopped short in the middle of a main road and waited for me to pull out of the intersection when I was the only one with a stop sign. I also have a witness that was outside of the bar who saw me signal. How strong is my case to have it dismissed?

Asked on October 7, 2014 under Criminal Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The odds are not good for you. The courts, not surprisingly, tend to believe the police over the accused, and often even over witnesses the accused bring with them (on the assumption those witnesses may be biased in favor of the accused, who is likely an associate, friend, etc.). Furthermore, DWI/DUI engenders little sympathy, and if you  were DWI/DUI, then the court will tend to focus on that, not on the original grounds for the stop, since stopping you for DWI is seen as a safety matter. If you are serious about trying to fight this charge on some grounds, don't focus on trying to argue that you were signaling at the time; retain an experienced DUI/DWI attorney and let him or her guide your strategy.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption