He woke up, grabbed the bottle, and began drinking. He knew it would be a long day, he knew it would be a hard day. He had to face the miserable fate of leaving his daughter and he had to do it knowing he was giving her back to the woman he used to love, but now hated. So, he drank. A few hours later, he knew it was time to face fate, bite the bullet, swallow his pride, and drive his daughter back to her mother’s home. He called the woman and asked to meet half way, saying he was tired. The woman heard slurred speech and suspected he was drunk, so she called the police, stated a New York City Criminal Defense Lawyer. They arranged a sting and when the man arrived at the agreed upon drop off point the police immediately grabbed him and conducted a field sobriety test.
And this is where things get tricky.
A New York City Criminal Defense Lawyer noted that the man did well, quite well in fact, with many of the tests administered by the police officers. He was able to stand on one leg and count to twenty nine (just shy of the thirty that police normally ask for). He did not weave when walking, despite smelling like a drunk at a bar. But, he failed the portable breathalyzer test that was administered, notes a New York City Criminal Defense Lawyer. However, that test was not admissible in court, due to its inherent unreliability. And because of all that, the man was found not guilty of DWIA.
If you have been charged with a DUI, contact a New York City Criminal Defense Attorney today to ensure your rights are protected.
The Office of Stephen Bilkis and Associates can offer you support and guidance as well as a free consultation when you contact us at 1-800-NY-NY-LAW. We have offices in New York City, including Brooklyn, Queens, Manhattan, Staten Island and The Bronx and in Nassau County, Suffolk County and Westchester County.