Very often we are presented with a case involving a client who has been arrested for Driving While Intoxicated after having been involved in an accident.
Generally speaking, the District Attorney’s Office in Suffolk County is going to take those cases more seriously than they do those cases where the motorist was merely stopped for some traffic violation. And, if a motorist in the other car has been injured, that will also be a factor considered during the prosecution of the case.
However, being arrested for Driving While Intoxicated after an accident does not mean that there can be no defense to your case or that you will automatically go to jail. As a matter of fact, it is very likely you will not go to jail. It all depends on how your situation is presented to the prosecutor and judge by your lawyer.
First, in most accidents that result in an arrest, the arresting police officer has not witnessed your operation of the motor vehicle and therefore did not see the accident. Therefore, he or she cannot claim that you were driving erratically. While the other motorist might make this claim, they are certainly an interested party who will have reason to misrepresent their fault in the accident.
Second, if you have just been involved in an accident, whether injured or not, you have been in an upsetting and jarring incident which could affect you physically and mentally. In this situation, it is difficult for a police officer to objectively assess your behavior as it may or may not relate to impairment by alcohol or drugs.
Lastly, if you were injured, this may prevent the officer from conducting standardized field sobriety tests which they always employ to aid them in determining your level of impairment. Without those tests, the prosecutor has less evidence with which to try and prove your guilt beyond and reasonable doubt.
Remember, it is always about whether your guilt can be proven beyond a reasonable doubt. So, while the accident itself may be proof of guilt, there are many aspects of such a case which a skilled attorney can argue to your benefit. The key, as always, is to hire a lawyer who has experience in handling these matters and is not going to “give up” on you and your case.
Call the Law Office of Naiburg Obedin and Weissman at (631) 979-7777 for a free consultation to discuss your case and how we can protect your rights.