Top Criminal Defense Attorney Alan Schwartz Reveals Essential DWI/DUI Traffic Stop Information – Garden City, New York

Leading DWI Attorney Alan J. Schwartz, founder of the Law Offices of Alan J. Schwartz, P.C. in Garden City, New York, unveils the key things to know about DWI traffic stops in New York. For more information please visit http://www.ajslaw.com

Garden City, NY, United States – July 31, 2020 /MM-REB/ —

In a recent interview, Alan J. Schwartz, founder of the Law Offices of Alan J. Schwartz, P.C. in Garden City, New York, unveiled the key things to know about DWI traffic stops in New York.

For more information please visit http://www.ajslaw.com/

When asked for a comment, he said, “Many people are unaware of what they should and shouldn’t do when interacting with law enforcement during a DWI stop. Here are some guidelines to follow to help you make the most informed decision possible in this situation.”

According to Schwartz, in New York, anyone who has been stopped for a DWI has the right to refuse to take a breathalyzer test. However, there are both disadvantages and advantages to this.

“In New York State, the biggest downside to not agreeing to take a breathalyzer is if charges result from the stop, at arraignment, your driving privileges will be summarily suspended. And you’ll be given a date for a hearing before the Department of Motor Vehicles within ten days to revoke your privileges for failing to take a breathalyzer,” he said.

When asked about the benefit of refusing a breathalyzer test, he commented, “The upside to not taking the breathalyzer is that you’ve not submitted to a chemical analysis that could be admissible in court and help establish your guilt. Cases in which the prosecution has to prove DWI without scientific evidence are a lot more difficult than when they only have observations of a police officer or independent witnesses.”

Schwartz further mentioned that similarly, someone who has been stopped could also decline submitting to a portable device, one of several field sobriety tests used today. However, the portable device – which is not entirely scientifically accurate – is used by police officers to see if they should administer the breathalyzer test.

“In my opinion, the big mistake that people make is that they aren’t consistent. If you already know that you’re not going to take the breathalyzer, then you should not agree to take the standard field sobriety test. You have a right to say that you choose not to participate in the test,” he said.

Besides providing the necessary information, Schwartz alluded to the fact that someone who has been pulled over should keep their conversations with police officers to a minimum.

When asked to elaborate, he said, “You are not required to provide information other than pedigree information like name, address, license and insurance. Aside from that, you are not required to say anything that might incriminate you.”

That said, he was quick to note that when speaking to law enforcement, it’s important to be respectful but firm when exercising rights, such as refusing to submit to tests or providing more information.

Source: http://RecommendedExperts.biz

Contact Info:
Name: Alan J. Schwartz
Email: Send Email
Organization: Law Offices of Alan J. Schwartz, P.C.
Address: 840 Franklin Ave, Garden City, NY 11530
Phone: (516) 248-6311
Website: http://www.ajslaw.com

Source: MM-REB

Release ID: 88970754