Bronx DWI Lawyers - Bronx Drunk Driving Attorneys - Representing The DWI Offender In Bronx, New York

Posted: Jan 26, 2010 |Comments: 1 | Views: 101 |

Numerous persons are arrested each day in Bronx, New York, and charged with the criminal offense of Driving While Intoxicated. Driving While Intoxicated is a Class A misdemeanor, and carries significant penalties. A person convicted of  DWI faces a prison term of up to one year incarceration, a three year probationary sentence, a six month to one year license suspension, mandatory attendence in a Drunk Drivers Program, including attendence at a Victims Impact Seminar, high fines, court surcharges, attorney fees, forfeiture of their car, and a criminal record. In fact, few other criminal convictions carry so many requirements-or in some cases, burdens-as a conviction for DWI. Criminal defense lawyers representing DWI offenders in the Bronx must be familiar with all aspects of DWI law, as well as criminal procedure.

An arrest for DWI in the Bronx most often occurs after a law enforcement officer observes a car being driven in an "erratic manner, swerving from side to side, or recklessly crossing lanes". Typically, the officer will follow the suspected driver for a few moments to confirm his, or her suspicions, and then issue a demand that the driver pull over. Once pulled over, the officer will approach the driver's side of the car to conduct an up close examination. This usually involves questioning the driver, and searching for signs of intoxication. After this cursory examination, the officer will demand that the driver exit the car. The officer will take note of any signs of alcohol on the breath of the individual, redness of eyes, and signs of unsteadyness.

An arresting officer in Bronx County will offer the suspected DWI violator a field test. This field test provides a preliminary finding as to the degree of intoxication of the suspect. This results of this test, however, are inadmissable at subsequent court proceedings. The officer may also offer the suspect a coordination test. This test involves walking in a straight line, and touching of the nose upon command with a specified hand. In Bronx County, some police cars now carry video -tape equipment which records each and every moment of the stop, and arrest of the individual. If arrested, the suspect is handcuffed, and brought to specific police stations within the Bronx that have rooms filled with equipment needed to process a DWI case. This includes a breathalyzer test machine, a coordination test line, and video-tape machines. Many residents of the Bronx only speak spanish. If a suspect only speaks spanish, a video-taped recording reads the suspect his rights in spanish, before any further tests are administered.

Criminal defense attorneys must be familiar with each and every stage of a DWI arrest. If the criminal matter is to be contested, the defense lawyer must be prepared to challenge the initial stop of the car as violative of the defendant's Constitutional rights. Any and all improprieties-intentional or not-must be brought to the Court's attention by way of legal motion, or application. The chemical analysis of the suspect's breath must be reviewed by a chemist specializing in the area of DWI, who can read the reports, and spot inaccuracies. The video-tape, if damaging to the defense, must be challenged as having been taken in violation of the defendant's rights-such as the right to have an attorney present if requested.

In addition to all the above, the defense attorney must be prepared to argue the matter before a jury. This involves jury selection, opening statements, direct and cross examination of witnesses, the presentation of evidence, such as expert witnesses, closing statements, and legal applications. In short, the defense of persons charged with a DWI offense is a complex, detailed,  time consuming, and costly event-which is exactly why persons charged with DWI would be wise to hire an experienced criminal lawyer to handle their matter.

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*Alexander Sanchez is a Bronx Criminal Lawyer. Mr. Sanchez has over 30 years experience handling major criminal matters, and has tried hundreds of  cases. If arrested, facing charges, or have a date in court, call Mr. Sanchez at 718-665-0112 for imediate legal assistance. See http://www.Bronx-Criminal-lawyers.net

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    Source:  http://www.articlesbase.com/criminal-articles/bronx-dwi-lawyers-bronx-drunk-driving-attorneys-representing-the-dwi-offender-in-bronx-new-york-1787128.html

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