Legal Question in Criminal Law in New York

Dwi on your property

I was at a fire-fighter function where i drank. I was driven how to my drive-way by a friend. When we were in the driveway i got back into the driver seat and my dd went back into the car behind us so he could leave. To my suprise i saw a cop car in my drive-way about 50 yards up. So i stopped and walked to to see what the issue was. I found my brother talking to the cop behind a row of trees in my yard so i ask what was going on and he said the car in my front yard had hit a car at the place i had just been. So i walked up to the car the happened to be a friends car and waited. He handed my voka so since i was at my house and im 21 i drank drank about four shots since i was not driving anymore. The cop call me by name about 15 mins later asking me if i had every had a drunk test before he then lifted a pen and told me i was drunk and arrested me for dwi even though he never saw me drive. On the report he said he saw me behind the wheel! And my keys where in the ignion! What can i do? Is this legal? Thanks


Asked on 9/22/05, 5:52 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Dwi on your property

Welcome to the criminal justice system! Today, as you read this, there is a cop somewhere in America in a courtroom lying about what he saw. Fortunately, this is not a secret to anyone in the system and the cop's word is not controlling.

1. Are you the owner of the car?

2. Why do they feel the car was involved in an accident

3. Will your friend back you up that you were not driving the car

If all of the answers to these questions are favorable, then you will go to trial on this case and may win a 'not guilty'.

You are welcome to a consultation for no fee.

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Answered on 9/23/05, 2:30 pm
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Dwi on your property

You have, apparently, a number of witnesses to support your defense to this DWI charge. While the cop's actions are peculiar (to say the least), they are not unheard of, especially where there is an accident. Please call to discuss in more detail.

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Answered on 9/23/05, 2:49 pm


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