Challenging The Prosecution's Case Against You
Was your traffic stop based on a police officer's "hunch"? Did the arresting officer rely on unreliable or improperly administered sobriety tests? Did the officer receive proper training on performing breath tests? Was the machine properly maintained and calibrated? Was a blood sample correctly drawn, transported and tested using reliable methods?
DeRoberts Law Firm protects your rights if you are facing prosecution for DWI/DWAI or other drinking and driving charges. Our experienced attorney holds law enforcement and county prosecutors accountable for errors and violations of your rights that put you at an unfair disadvantage. He does all of this while giving you his personal attention throughout the duration of your case.
Our early intervention in your case can make a major difference ? your freedom instead of jail, license suspension, fines and other aftermath of a DWI conviction. At a minimum we can lessen the penalties and help you retain your driving privileges.
Contact us immediately at 315-479-6445 for a free consultation. We regularly handle cases throughout Syracuse, Onondaga County and surrounding counties of Central New York.
Fighting Your DWI (DUI) or DWAI
Whether this is a first offense or a repeat charge of drunk driving, the potential consequences require that you fight a DWI. Criminal defense lawyer Jeffrey DeRoberts knows how to challenge the prosecution's case:
- Illegal stop ? Was there probable cause to pull you over? Can the officer articulate a credible reason for his "suspicions?" Is there another explanation for what he says he observed, one that does not involve any criminal activity on your part?
- Field sobriety tests ? These tests are subjective, administered and interpreted under the discretion of the office on the scene. Many people could not perform some of these tests, especially the walk-and-turn, while sober! In addition, some medical conditions could render the horizontal gaze nystagmus test pointless. Disabilities, the weather, the lighting, high-heeled shoes and other circumstances can affect the results of these tests. Mr. DeRoberts seeks to get this evidence thrown if it is the primary foundation for a breathalyzer test and arrest.
- Breath tests ? The machines that purport to pinpoint your blood-alcohol content (BAC) can be unreliable if not administered, calibrated and maintained precisely according to the manufacturer?s instructions. Did the officer properly administer the test? How long after the traffic stop was the sample taken? Many factors ?dentures, medications, some medical conditions (like diabetes), even air temperature ? could possibly throw off the results. If you are on the edge of .08 for DWI charges to stick (or .05 for DWAI), we aggressively challenge this evidence.
Creating Doubt and Using It for Leverage
If the evidence is seriously flawed or illegally obtained, we move for dismissal. The prosecutor may drop the charges or knock a DWI down to a DWAI. Mr. DeRoberts prepares your case from the beginning for the possibility of a jury trial, and helps you weigh the risks versus rewards of a trial if the prosecution won't negotiate.