Laws against drinking and driving in New York and around the country have grown stronger and stronger in recent decades. However, drivers cannot be stopped initially for driving while intoxicated as police would not be able to prove this. An initial traffic stop for another reason must first be warranted and then, if alcohol or drugs are suspected to be involved, further testing can take place. Depending upon the results of those tests, an arrest for DWI, DUI or DWAI can be made.
Such was the situation in Rochester recently when a vehicle was clocked travelling at 70 miles per hour in a 55 mile per hour zone late one Wednesday night. The driver of the vehicle happened to be the city's Deputy Mayor. The man asserted that he had just found out that he had diabetes which can potentially exacerbate the effects of alcohol.
The driver was stopped on I-490 not far from the exit for Clinton Avenue. During the traffic stop, the office determined that testing for drunk driving should be conducted. The driver's blood alcohol content was measured at 0.13 percent. He was officially cited for speeding, DWI and having an expired inspection. For the time being, the defendant has taken time off of his job.
Not every DWI arrest means that a driver is actually guilty. Situations such as the impact of a medical condition or the handling of a case during the original stop can all provide options for a defense against a drunk driving charge. Drivers who have been arrested for drunk driving may want to ask an attorney for help to get the best chance at a good defense.
Source: 13wham.com, "Rochester deputy mayor arrested for DWI," March 21, 2014