What to do if I was arrested for DWI after being wrongfully stopped by a police officer?
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What to do if I was arrested for DWI after being wrongfully stopped by a police officer?
I was leaving a bar and the officer said he pulled me over because I didn’t signal. He also stopped short in the middle of a main road and waited for me to pull out of the intersection when I was the only one with a stop sign. I also have a witness that was outside of the bar who saw me signal. How strong is my case to have it dismissed?
Asked on October 7, 2014 under Criminal Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The odds are not good for you. The courts, not surprisingly, tend to believe the police over the accused, and often even over witnesses the accused bring with them (on the assumption those witnesses may be biased in favor of the accused, who is likely an associate, friend, etc.). Furthermore, DWI/DUI engenders little sympathy, and if you were DWI/DUI, then the court will tend to focus on that, not on the original grounds for the stop, since stopping you for DWI is seen as a safety matter. If you are serious about trying to fight this charge on some grounds, don't focus on trying to argue that you were signaling at the time; retain an experienced DUI/DWI attorney and let him or her guide your strategy.
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