| DWI DEFENSES & NEGOTIATIONS |
The prosecution must prove every element of a DWI, beyond a reasonable doubt.
These elements include:
- That you were operating a motor vehicle;
- On a public highway (that means any public road);
- In an intoxicated condition;
- Due to the voluntary consumption of alcohol or drugs; and
- That the stop of the vehicle was lawful and not in violation of the United States
Constitution or the laws of the State of New York.
Ways to fight these elements:
- Operation can be disputed if the car was not running, running but not moving, or if
there was a motor vehicle accident prior to the arrival of the police. - The public roadway provision is fairly clear, but also includes some parking lots or
driveways, based on specific facts. - Intoxication can commonly be challenged regarding the officer’s opinion, even if a
breath and/or field sobriety tests have been obtained.
- Field sobriety tests are not an exact science and leave much open to
interpretation. Judges and juries are charged with evaluating an officer’s
opinion and making their own judgments about intoxication based on the
officer’s testimony of the events as opposed to his/her opinion. - Breath testing equipment is very temperamental, needs routine maintenance
and the testing must be done according to strict guidelines. There is very
often a basis to challenge the accuracy of a breath testing instrument.
- Voluntary consumption rarely comes into play, unless someone may have “spiked”
your drink. - An illegal stop of a motor vehicle is another common way to challenge and beat a
DWI charge. At a pre-trial hearing, the prosecution must prove beyond a
reasonable doubt that the officer had a “reasonable suspicion” to stop the vehicle
and “probable cause” to arrest you for a DWI. If the prosecution fails to meet the
requirements, all testimony regarding any breath test, field sobriety test and/or any
statements will not be allowed to be used at trial, making the prosecution’s ability to
prove the case almost impossible.
On a limited basis, negotiations with the District Attorney’s Office may produce an offer
to plead guilty to a reduced charge, generally a DWAI. As a former prosecutor, Mr. Nobles
knows how to present your specific facts and circumstances in the best light when
petitioning for a reduction.
| BURDEN OF PROOF |
| DEFENSES |
| NEGOTIATIONS |
| WHY I DO WHAT I DO my philosophy |
| ABOUT JAMES NOBLES |
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| 900 Times Square Building 45 Exchange Boulevard Rochester, New York, 14614 Phone (585) 546-1260 Fax (585) 546-7803 james@noblesdefense.com |
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