New York Criminal Lawyer Blog
A motion was filed by the defendant to declare the evidence presented by the police officer as inadmissible. The court denied the motion since the police officer had reasonable reason when he approached the defendant’s vehicle, according to a New York DWI Lawyer.
According to the officer, he saw the vehicle of the defendant parked along the crosswalk and approached it. The officer noted that the vehicle had people asleep inside. The officer woke the occupants of the car and asked for identification. He noted that the driver showed signs of intoxication such as glassy eyes and slurred speech. The officer asked the driver to take the sobriety test.
A New York Criminal Lawyer said that the officer in this case had probable cause to arrest the defendant if he was found to be under the influence of drugs or alcohol. According to the analysis of the court, the questions of the police officer were not interrogative in nature. Since this was the case, Miranda warnings are not required. During the arraignment of the defendant, he was charged with operating a vehicle while under the influence of alcohol or DWI.
The court is tasked to review the procedural background of the case. The defendant was arrested for driving a vehicle while under the influence of alcoholic drinks. The charges were arraigned on the same date. The following year, the court had scheduled a suppression hearing. The purpose of the said hearing was to determine if there was probable cause regarding the arrest of the defendant at the scene. The court will also have to decide whether the defendant’s statements in the IDTU room should be declared inadmissible since there were no Miranda warnings issued to the defendant.
During the suppression hearing, the prosecution called on 2 witnesses who were also police officers. The prosecution has the initial burden of proof to establish probable cause regarding the arrest of the defendant and the behaviour of the police. If the prosecution will establish the needed proof, the burden will now shift to the defendant in proving the allegations made regarding illegal police conduct.
A Nassau County DWI Lawyer said that the prosecution will have to prove that the behaviour of the police towards the defendant was legal, therefore justifying the arrest of the defendant. According to the law, a police officer is allowed to approach anyone and inquire about basic information in a non-threatening manner. This may be questions about a person’s name, address and destination. In legal terms, this line of questioning is known as a request for information.
The next approach involves an officer who detects a crime is about to be committed or is involved in a criminal activity. The officer may stop and detain that individual to prevent the crime from happening. Police officers have the authority under the law to arrest anyone when have probable cause to believe that the same individual will commit a crime. In the DWI case of the defendant, the police officer had established probable cause before making the arrest.
The court has also review vehicle and traffic laws to aid in the judgment of the case. The law states that it is forbidden for anyone to park along the lines of a crosswalk. In relation to the case, the police officer had a valid reason for approaching the defendant’s vehicle since it was parked on the crosswalk.
According to the testimony of the officer, he was also concerned for the people inside the car since the area was known for high incidence of crimes. He wanted to make sure that they were safe that’s why he approached the vehicle. When the officer was close to the car, he also observed that the driver was also asleep along with the other passengers.
The court has ruled that the officer had probable cause in arresting the defendant since he was found to be intoxicated. The results of the sobriety test also confirmed that the defendant was under the influence of alcohol while driving.
A DWI case is not an easy thing to deal with. Stop worrying and hire legal counsel to represent you in your trial. Our legal counsel is highly skilled when DWI cases are involved. Contact the offices of Stephen Bilkis & Associates for a personal consultation and assistance.