How Do You Get a DWI Dismissed in New York? - Rachel Kugel

From The Kugel Law Firm – How Do You Get a DWI Dismissed in New York? explores the nuanced steps and possible defenses when facing a charge under New York Vehicle Traffic Law § 1192.3 (Driving While Intoxicated). It opens by laying out the big question: can a DWI in New York actually be dismissed, and under what circumstances. The article offers a clear breakdown for anyone navigating this legal terrain.

It then dives into common reasons a DWI case might be dismissed — from an illegal traffic stop (lack of reasonable suspicion) to police procedure errors, unreliable breathalyzer or blood tests, and even challenges around proving vehicle operation. These segments underscore how technical and procedural missteps can become strong leverage in a defense strategy. For example, if a stop lacked reasonable suspicion, key evidence may be suppressed.

Next, the article discusses how an experienced DWI attorney can assist in building the case: evaluating police reports, testing records, filing motions to suppress evidence, tracking trial deadlines, negotiating lesser charges if dismissal isn’t possible, and representing clients at trial. It frames the legal process as layered and requiring strategic legal planning, not just a single simple argument.

Finally, it provides actionable advice for those stopped or arrested: stay calm and polite, exercise your right to remain silent, request a lawyer immediately, and document every detail of the stop and testing process. It also covers the question of what happens after a dismissal — such as how record sealing works under New York Criminal Procedure Law § 160.50 and implications for license reinstatement.

The Kugel Law Firm

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