Technology: When it can help your Case
When Technology Can Help You Win a DWI Case
The political race to unseat New York City Mayor Bill de Blasio is underway, and that means that the lives of potential candidates are being closely scrutinized by news media outlets such as the New York Daily News.
In late March 2017, the Daily News published an article about Republican hopeful Paul Massey’s brush with the law in 2010. It so happened that Massey was pulled over in Ulster County on a late September night, allegedly for speeding. In the end, the politician was subject to a breathalyzer test that determined his blood alcohol content (BAC) to have been over the legal limit of 0.08.
In the end, Massey entered a guilty plea for a lesser charge and his record entered the public realm for the Daily News to report seven years later. Could technology have helped his case back then?
Technology, DWI and Criminal Defense
Seasoned New York City and Long Island lawyers know that technology can sometimes help improve the outcome of a case. Let’s say a Manhattan taxi driver is charged with aggravated assault and battery after an altercation with a passenger; one of the first things a New York City or Long Island Criminal defense attorney would look for when investigating the case would be the potential presence of digital cameras that may have recorded the incident. Security cameras, dashcams and even smartphone cams could be introduced as evidence if they show actions that contradict the charges, prosecution statements or witness testimony.
In cases involving drinking and driving, law enforcement agents and prosecutors tend to use quite a few technological tools to overwhelm defendants and get them to enter a guilty plea. To this effect, the aforementioned Massey case serves as an example; however, things may have been different if the technology used by the state troopers was challenged.
An experienced New York City or Long Island DWI lawyer who takes on a case involving a breathalyzer test would look into the possibility of questioning the technology used by law enforcement to determine the BAC level. In the past, some of the Intoxilyzer 5000EN machines used by NYPD and other agencies have malfunctioned; this can be determined by obtaining maintenance records, which can be presented in court to throw out this key piece of evidence.