New York, New York - Manhattan DWI and Drunk Driving Defense Attorney Rachel Kugel of The Kugel Law Firm (https://thekugellawfirm.com/how-do-you-get-a-dwi-dismissed-in-new-york/) is highlighting the legal strategies that may lead to dismissal of DWI and drunk driving charges in Manhattan and throughout New York City. Drawing on the procedures followed in high-volume New York criminal courts, Kugel is outlining how flaws in traffic stops, arrests, and chemical testing can open the door to case dismissals and more favorable resolutions for individuals accused of driving while intoxicated.
A DWI charge in New York is a criminal matter, and prosecutors in Manhattan work aggressively to secure convictions. However, the law also provides important protections, and those protections become critical when the evidence has weaknesses. A Manhattan DWI and Drunk Driving Defense Attorney can challenge whether the initial traffic stop was supported by reasonable suspicion, whether there was probable cause to arrest, and whether field sobriety tests or breath and blood tests were conducted according to required protocols. When a court finds that an officer acted without a valid legal basis, evidence can be suppressed and the prosecution may be forced to dismiss or significantly reduce the charges.
According to the Manhattan DWI and Drunk Driving Defense Attorney, additional grounds for dismissal can arise from the handling of scientific and procedural evidence. Breathalyzer and blood test results may be questioned if the testing equipment was not properly calibrated, if maintenance records are incomplete, or if sample storage created a risk of contamination. Medical conditions such as acid reflux or diabetes can also affect readings. Likewise, failures to follow mandatory procedures, such as observing the driver before a breath test or documenting the chain of custody for samples, can undermine the prosecution’s case. In Manhattan Criminal Court, where DWI matters move through crowded dockets, violations of New York’s speedy trial rules can further support motions to dismiss when prosecutors are not ready within the statutory time limits, particularly in misdemeanor cases.
Questions about vehicle operation also play a significant role. New York law requires proof that the accused was operating a vehicle while intoxicated, not simply present in or near a car. Cases involving individuals found asleep in parked vehicles, including in neighborhoods such as Harlem, near Central Park, or close to other Manhattan landmarks, may lack sufficient evidence of operation. Where prosecutors cannot show that the vehicle was recently driven or that the individual intended to drive, courts have dismissed charges. A Manhattan DWI and Drunk Driving Defense Attorney can carefully examine body-worn camera footage, surveillance video, and witness accounts to challenge claims that the accused was actually operating the vehicle at the relevant time.
Kugel also emphasizes that the consequences of a dismissal extend beyond the courtroom. When a DWI or related drunk driving charge is dismissed and the case is terminated in a person’s favor, New York Criminal Procedure Law generally provides for sealing of the related criminal records, limiting access by most employers and landlords. At the same time, separate DMV consequences can remain, especially when a chemical test refusal has led to an administrative suspension or revocation of driving privileges. Addressing both the criminal case and related DMV issues is crucial in fully protecting an individual’s record, license, and livelihood.
About The Kugel Law Firm:
The Kugel Law Firm, led by attorney Rachel Kugel, represents individuals facing DWI, drunk driving, and broader criminal charges in Manhattan, Harlem, and across New York City. The firm’s practice focuses on defending against allegations of driving while intoxicated, driving while impaired, and related traffic and criminal offenses, with careful attention to police procedures, scientific evidence, and constitutional protections. From initial arrest through court appearances and related DMV proceedings, the firm works to protect clients’ records, licenses, and futures. Individuals seeking guidance from a Manhattan DWI and Drunk Driving Defense Attorney can contact The Kugel Law Firm at (212) 372-7218 to request a consultation and learn more about available legal options.
Embeds:
Youtube Video: https://www.youtube.com/watch?v=XDvlP4ntYa4
GMB: https://www.google.com/maps?cid=17189431107850367088
Email and website
Email: admin@thekugellawfirm.com
Website: https://thekugellawfirm.com/new-york-dwi-lawyer/
Media Contact
Company Name: The Kugel Law Firm
Contact Person: Rachel Kugel
Email: Send Email
Phone: (212) 372-7218
Address:111 E 125th St 2nd Fl
City: New York
State: New York 10035
Country: United States
Website: https://thekugellawfirm.com/new-york-dwi-lawyer/
