Prior results do not guarantee a similar outcome.
On behalf of a client facing a criminal DWI charge in the Town of Jackson (Washington County), Derek Andrews achieved not guilty verdicts on DWI and the lesser included offense of Driving While Ability Impaired (DWAI). While traveling on a wet road during a rainy day, the firm’s client accidentally rear-ended another car, which prompted law enforcement to come to the scene to investigate the cause of the accident. Law enforcement then arrested and charged our client with DWI. Thankfully, the entire accident investigation and subsequent DWI investigation were captured by the police officer’s body-worn camera. That body camera recording revealed that our client appeared to be sober, that the accident was caused by mechanical issues with his vehicle and the road conditions, and that the police officer incorrectly administered standardized field sobriety tests contrary to his training. With the assistance of an expert witness in the field of DWI detection and standardized field sobriety tests, we were able to argue that our client possessed the appropriate physical and mental capabilities to drive safely. Ultimately, after only an hour of deliberations, the six-person jury agreed and acquitted our client of DWI and DWAI. Notably, the firm also prevailed at the associated administrative chemical test refusal hearing held by DMV by pointing out the deficiencies in the report of refusal, which allowed our client to keep his full New York driver’s license. Notably, our client has a Commercial Driver’s License (CDL), which would have been revoked for 18 months had he been found to have refused the breath test.
If you or someone you know is charged with any type of alcohol or drug-impaired driving offense, including those resulting in accidents, injuries, or death, contact the attorneys at Larkin Ingrassia, PLLC by calling 845-566-5345 to set up a free consultation. We’ll be able to assess your specific needs and offer a strategy on how best to defend and advocate for you.