New York state police arrested 739 motorists for driving while intoxicated during the national Drive Sober or Get Pulled Over campaign enforcement period. According to WHEC, police also issued more than 47,000 tickets for various traffic violations during the 18-day period.
The campaign ran from August 19 to September 5, and its main purpose was to reduce the number of deaths and injuries that result from impaired driving. Of the more than 700 arrests, 72 occurred in western New York, 65 occurred in the Finger Lakes and 32 were made in the Southern Tier.
NY.gov reports that of the 43,704 tickets issued, state troopers administered more than 17,000 of them for speeding, more than 2,000 for seatbelt violations, and more than 1,000 for distracted driving.
If you are facing DWI charges in New York, Darren DeUrso, Attorney at Law will help you fight them. Mr. DeUrso is a DWI lawyer with a reputation for finding success in court. Call 914-772-8614 today to schedule a consultation with a White Plains criminal attorney.
What Is “Probable Cause?”
Police cannot simply pull over any motorist at any time. In the state of New York, an officer must have probable cause to believe that a motorist committed a traffic violation before conducting a traffic stop.
According to Cornell University Law School, probable cause exists when an officer has reason to believe that a driver has committed a crime or is in the process of committing a crime. This is why many DWI cases involve motorists who were originally stopped for a minor infraction.
What Are My Rights during a Traffic Stop?
Even if police have probable cause to pull you over, you still have rights during the traffic stop. According to CNN, police officers can briefly detain a motorist, ask questions, and conduct a limited pat down; however, they cannot detain someone for an unreasonable period of time. In addition, once police have lawfully detained a motor vehicle, they may order the driver out of the car to conduct a search without a warrant—but only if they have probable cause to believe there is contraband in the car.
If police ask for permission to search your car, that might mean they don’t have probable cause to conduct the search without a warrant, so you have the right to decline.
It is not uncommon for officers to infringe on a person’s rights during a traffic stop. If this happens, then certain evidence that the officer collects may not be admissible in court, which could lead to a dismissal of your case.
If New York police charged you with driving while intoxicated, Darren DeUrso, Attorney at Law will investigate your arrest and help you structure a comprehensive defense. It is never too early to call a criminal attorney. Call 914-772-8614 today to speak with a White Plains DWI lawyer.
