In New York, should a person’s blood alcohol content level be 0.08 or higher, they could be charged with driving under the influence. However, there are ways a person could fight such charges to protect their innocence.
A 32-year-old Long Island man has been accused of drunk driving while a friend and her son, age 11, were in the vehicle with him. The man allegedly was unable to maintain his lane on the Sunrise Highway, prompting police officials to pull him over. According to police, the man was drunk. He now faces several charges, including endangering the welfare of a child and aggravated unlicensed operation. He was also charged with violating “Leandra’s Law,” — aggravated drunk driving with a child age 15 or under. Three traffic tickets were issued to him. He was held overnight at an area police station and will soon be arraigned.
Drunk driving is a serious offense. However, someone accused of drunk driving still has rights. They have the right to fight an illegal search and seizure. Under the Fourth Amendment of the United States Constitution, police must have probable cause that the driver was committing a crime such as drunk driving before they can arrest them. If a person’s rights were violated, evidence obtained during the illegal search could be thrown out of court.
New York residents who feel their rights were violated when they were arrested or charged with drunk driving should make sure to mount a strong defense strategy. Doing so may go a long way in ensuring that the accused individual is not unduly punished for a crime.
Source: CBS New York, “L.I. Man Accused Of Driving Drunk With Woman, 11-Year-Old Boy In Car,” June 15, 2014