Ithaca Elmira DWI defense lawyer: A Successful DWI Defense to VTL 1162 UNSAFE START!

BURNING RUBBER! 

A SUCCESSFUL DWI DEFENSE 

to VTL 1162 Unsafe Start

in New York!

In our last blog post, we discussed the case of People v. Peffer where the court  found the police stop lawful for a car tires squealing (aka the Unsafe Start VTL 1162). In this blog we will contrast the case of People v. Rebecca, (Canandaigua City Court) where the prosecution was unsuccessful in proving that the police conduct was lawful. In this case the vehicle stop for squealing tires, and the breath test DWI were dismissed.

Facts Must Always Be Applied to the Law

The specific facts, and the police testimony in every criminal case is different. The differences may be small but significant. The Courts look at a multitude of factors to make a determination of lawfulness. Did the police act appropriately? Was the stop legal? Was the arrest legal?

The facts in People v. Rebecca contrasted with People v. Peffer 

1. Both had the sole charge of VTL 1162 Unsafe Start

2. Both had a DWI as a result of the stop

3. Rebecca was a breath test case, and Peffer a refusal case

4. The courts focused on the totality of the circumstances surrounding the driving 

5. Peffer had a busy road with many cars, and Rebecca had no other cars

6. Peffer had two police officers testify to speeding, Rebecca didn't have speeding

7. The nature and character of the tires sqealing was noted in Peffer as being a "burn out" and in Rebecca as not too noisey.

When the light changed colors, the Hyundai (later determined to be driven by the defendant) "squealed its tires" and "sped through the intersection." There were no pedestrians in the vicinity, there was no other traffic in the vicinity, the Hyundai did not "peel out" from the intersection, the squealing noise was not loud, the Hyundai did not exceed the speed limit as it sped past the officer through the intersection, the Hyundai stayed in its own lane of traffic, and there was no evidence that the movement of the Hyundai was not reasonably safe.

                                                      People v. Rebecca

The Key Take Away from these DWI Cases

The Courts look heavily upon public safety with DWI cases because the biggest public fear is an accident or injury to people. Any DWI case which demonstrates erratic driving or likelihood of accident or a bad accident receives more scrutiny and a higher level of punishment than one with more sedate driving behavior. That is the reason that one VTL 1162 was dismissed, and one was upheld, all based upon everything surrounding the charge not just the charge itself.

After the suppression hearing in People v. Rebecca all charges were dismissed stemming from the stop for VTL 1162 unsafe start which included the breath test DWI. 

If you have questions about a DWI case in New York, call us:

607-229-5184

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BY NEWMAN & CYR
Educational Purposes only. Copyright 2016.

If you or a loved one are charged with a crime, we strongly urge you to consult with a local, licensed criminal defense attorney to lessen the possible negative outcomes -including the potential loss of your freedom.

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