New York Probable Cause for Stop
If you have been arrested for a DWI, you likely have many questions. Your New York DWI Probable Cause for Stop Lawyer can tell you that every aspect of the DWI stop and arrest process is legally important in terms of defending your charges. You have legal rights as a citizen that prevent police from stopping you without probable cause to do so. If you have been arrested for Driving While Intoxicated (DWI) it is important to speak with a dedicated New York DWI Attorney from the office of Stephen Bilkis & Associates, PLLC for advice and guidance. You could be facing very serious penalties including jail, fines, probation and possibly the loss of your driver’s license.
The Fourth Amendment of the U.S. Constitution protects you from any unreasonable search or seizures. The means that you cannot be stopped by the police and/or have your property searched without Probable Cause. Probable Cause is defined as a reasonable belief that a crime has been committed. The crime must have taken place prior to the police stopping you. An officer observing you speeding, running a red light, or having a broken tail light is probable cause to make a stop for instance.
During this stop, the officer must have reason to believe that you are impaired by alcohol or drugs prior to administering a Breathalyzer Test or administering a Field Sobriety Test. The officer may observe signs of driving while intoxicated, such as slurred speech, the smell of alcohol, or blood shot eyes. Once the officer has Probable Cause, he may investigate a DUI. If it can be argued by your New York Drunk Driving Lawyer that the officer did not have Probable Cause to stop, or administer a Field Sobriety Test, any evidence against you may be inadmissible in court.
Once you have been stopped, police have a limited right to search your car and seize any evidence of a crime. An item that is in plain sight may be seized without a warrant. Also, you can waive your right to search and seizure without really realizing it.
There are many legal issues regarding an arrest for a DWI, so it is important to speak with a New York Drunk Driving Defense Lawyer as early on in the process as possible. Contact the office of Stephen Bilkis for advice and guidance. It is possible that with a strong defense strategy your charges and penalties may be diminished, or perhaps even dismissed. Whether you have been charged with an Aggravated DWI, Felony DWI or a DWAI charge, our team of skilled counsel can help. When you come in, your initial consultation is completely free. Contact us today at 800.696.9529 for more information. We have offices in New York City including Queens, the Bronx, Brooklyn, Manhattan and Staten Island. We also have locations in Suffolk County and Nassau County on Long Island, as well as Westchester County.