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Former Traffic Court Judge Serving New York and New Jersey

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Driver has charges for refusing field sobriety test dropped

New York City residents face a continued strengthening of effort on the part of law enforcement to crack down on speeding and other traffic violations. Reducing actions that are frequently related to auto accidents is a top priority of the mayor and city officials. This includes drunk driving and related offenses. But it is also important in the wake of an arrest for drivers to remember that they have the right to fight the arrest and secure a good defense.

A news story that was published recently gives proof to the fact that not every DUI charge leads to a conviction. In January of 2013, a now 25-year old Hurley man was arrested and charged with refusing to submit to a requested field sobriety test. As his case continued, it was determined that the state of New York could not prove that the man actually violated any law and therefore, in September of 2013 this particular charge was dropped.

At the time of his arrest, the driver was also charged with driving while under the influence of drugs. In January of 2014, he entered a guilty plea in Kingston City Court for misdemeanor reckless driving and has paid $380 in all—$300 of which was the basic penalty fine and the remainder as a surcharge to the state.

Learning about cases in which defendants were successfully able to have charges dropped can be helpful for other drivers. Whether facing DWI, DWAI, DUI or other misdemeanor or felony charges, it may be worth talking to an attorney before making decisions with the court.

Source: Daily Freeman, “Hurley man admits to reckless driving charge in Kingston City Court,” January 29, 2014

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