BECAUSE A PERSON IS ARRESTED FOR DRIVING UNDER THE INFLUENCE OF
DRUGS DOES NOT MEAN THEY ARE GUILTY.
DRIVING UNDER THE INFLUENCE
OF DRUGS CAN BE SUCCESSFUL DEFENDED!!!!
Under New York State Law 1192.4 - A person can not operate a
Motor Vehicle while their ability is impaired by the
consumption of Drug. While these cases in the past were
no frequently plea bargained to lesser offenses recently many
District Attorney Offices have taken to prosecuting these
cases zealously. Currently, the District Attorneys in several
Counties, including Nassau County have to refused to Plea
Bargain these cases down to lesser offenses, therefore
requiring that the person charged with these offenses to have
a criminal record for the rest of their lives. This is unfair
as this Offense is not limited to illicit drugs like cocaine,
heroin, but cover drugs that the Motorist has a prescription
for and is taking in accordance with their Doctorsí directive.
Fortunately, these cases can be defended by our firm. The
prosecution of these cases are more difficult then they may
originally appear. Currently most Police Departments use urine
tests when they arrest someone who they suspect is Operating Under
the Influence of Drugs. Any credible Forensic Toxicologist will
point out that these urine tests are absolutely worthless in
establishing that a Driver was actually impaired to any extent by
any drug. The urine test merely shows whether or not a person may
have ingested a drug at an earlier time. There is no correlation
between the about of substance or metabolite of a drug in a
personís urine and actual impairment.
Moreover, While a blood test will reveal more information than a
urine test, in that can reveal the presence of a drug in a
person blood, and whether a person may be within therapeutic
limits for taking the drug. The Fact is that the mere presence of
a drug even outside of therapeutic limits in a personsí blood does
not mean a person is guilty of driving under the influence of
drugs. The Prosecution have to show actual impairment which is
caused by the drug, rather than some other cause. Unlike alcohol
where there the law makes a direct correlation between the offense
and certain blood alcohol limits, no such correlation presently
exist for 1192.4. Indeed, a person can have many times the
therapeutic limit and not be guilty of this offense because they
have built up a tolerance for this medication.
Given the Current Policy of many County District Attorney Offices,
it is imperative that a person charged with this offense hired a
qualified DWI Law Firm like Brunetti, Ascione, and Tomich.
suggest you call our law office and make an appointment for a
legal consultation on your DWI defense.
New York State DWI Defense Lawyers. Lawyers for a DWI criminal defense in NY, Nassau
County, Brooklyn, Queens, NYC and Suffolk County. WE ARE DWI DEFENSE ATTORNEYS. A FIRM OF EXPERIENCED DUI DEFENSE
LAWYERS. DUI DEFENSE COUNSEL. We do criminal defense as DUI attorneys. Full staff of DWI lawyers and dui
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