Authorities in New York have reported that a 35-year-old woman accused of driving while intoxicated for the fourth time will face a felony charge. The Palisades resident was taken into custody during the early morning hours of Oct. 17 after being stopped for a traffic violation. A records check revealed that the woman had been convicted of drunk driving in 2004, 2008 and 2009. New York law allows prosecutors to file felony charges against motorists accused of drunk driving when they have had at least one DWI conviction during the past 10 years. After being taken into custody, the woman was transported to a detention facility in South Nyack.
According to a Rockland County police report, officers pulled the woman’s vehicle over after they observed it failing to obey a stop sign. The incident occurred on Route 9W near the New York State Thruway in South Nyack at approximately 1:10 a.m.
Officers took the woman into custody after determining that she was likely under the influence of alcohol and drugs. In addition to the DWI charge, the woman is facing a count of driving in a vehicle without a required ignition interlock device installed. She was also cited for unlicensed operation and the stop sign violation.
While the evidence in a DWI case may sometimes seem compelling, a criminal defense attorney could still challenge charges in certain situations. The actions of police officers may be questioned if they are unable to demonstrate probable cause for a traffic stop, and an attorney may dispute the results of a breath test if strict testing procedures have not been followed. If an examination of the evidence reveals flaws, a defense attorney may seek to have charges reduced or dismissed during discussions with the prosecutors involved.
Source: The Journal News, “Palisades woman charged with DWI for the 4th time“, Steve Lieberman,, October 17, 2014