(518)745-4346
Police need “reasonable suspicion“ to believe you committed a traffic infraction or that other criminal activity is afoot. I will examine the alleged basis for the stop of your vehicle to determine if it was legal. If not, it is likely that your DWI charges will be dismissed.
I will personally handle your case and review of all documents in connection with the stop of your vehicle, the performance of any roadside field sobriety tests, and your arrest. Each step in the review process is a potential opportunity for dismissal of the charges.
DWI stops typically involve two kinds of breath test.
#1 Portable Breath Test (PBT): This is a portable test used by police officers along the side of the road. This device is used by the police to detect the presence of alcohol in your system. The device is not designed to produce a numerical result that is admissible against you at trial. The positive PBT result simply adds to the officers probable cause to arrest you for DWI.
#2 Breathalyzer Machine at the Station: This machine is a chemical test of your breath to determine the percentage of alcohol in your system AT THE TIME YOU TAKE THAT TEST! It does not in anyway tell what your blood alcohol concentration (BAC%) was at the time you operated a motor vehicle. However, this is the test used to officially charge you with driving while intoxicated with a BAC of .08% or more.
The breathalyzer machine is a scientific test based on certain specific parameters and assumptions. It must be properly calibrated and very specific steps must be taken by the machine operator to ensure the accuracy and validity of the test result. The machine operator must be certified to operate the machine. We will demand the machine’s calibration records, documentation of the protocols utilized by the machine operator at the time of your breath sample, and examine the machine operator’s credentials to determine if the BAC result was accurate and admissible as evidence against you.
MAYBE – MAYBE NOT!
The decision to take the breathalyzer test or not is a complicated analysis of several factors and based on your unique circumstances. You have a limited right to counsel to help you make that decision. Ask to call your lawyer - Tucker C Stanclift 518-745-4346 or my cell 518-791-1193. Anytime of day or night!
Phone: (518)745-4346
Fax: (518)745-5210
Email: [email protected]
100 Glen St Suite 2–A
Glens Falls, NY 12801
Attorney Advertising. No attorney-client relationship is established by merely contacting or sending an e-mail to this law office. All of the information on this website is for information and advertising purposes only and is not legal advice. No guarantees are made that the information contained in this website is accurate or complete. Please be advised that no attorney can guarantee a particular result in any case. 100 Glen St Suite 2–A
Glens Falls, NY 12801.