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CEO of NASCAR arrested in New York for DUI, drug possession

The chairman and CEO of NASCAR, Brian France, is facing DUI and drug possession charges after a traffic stop in early August. The 56-year-old man was apparently pulled over for failing to stop at a stop sign. During the stop, the officer allegedly noted that France appeared intoxicated. When police searched him, they allegedly found oxycodone pills in his possession. According to officers, France's blood alcohol limit at the time of his arrest was more than twice New York's legal limit of .08 percent.

France was charged with driving under the influence and, according to state law, driving with a BAC of .18 percent or higher is considered aggravated driving while intoxicated. France was also charged with possession of a controlled substance, which is a misdemeanor.

When a driver violates New York traffic laws or acts negligently behind the wheel, there is a chance that those behaviors will ultimately lead to drunk driving charges. If an officer notices that a driver is weaving through traffic, speeding, running red lights, or otherwise driving recklessly, they will likely pull the driver over for a routine traffic stop. However, if the officer finds that the driver is exhibiting signs of intoxication (e.g. slurred speech, bloodshot eyes, smell of alcohol), this routine traffic stop can quickly turn into a DUI arrest.

If an officer suspects drunk driving, the driver may be asked to submit to a Breathalyzer test and/or various field sobriety tests to determine his or her level of intoxication. Based on the results of these tests, the officer may choose to arrest the driver on suspicion of drunk driving.

If police lawfully arrest a driver, then they may be able to search the driver's person, vehicle, or bag, even without a warrant. Any evidence they find in a legal search could be used to charge the driver with additional crimes, such as drug possession. However, if you and your attorney can establish that the police's search was illegal, or even if the initial traffic stop was contrary to the law, then any evidence obtained, including breathalyzer and field sobriety test results, cannot be used against you in court.

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