Understanding Proable Cause and How it Affects Your New York DWI Case
In order to arrest someone for DWI, a law enforcement officer must have probable cause. There is a great deal of confusion out there about what that term actually means. Probable cause requires concrete, factual evidence. An officer can't typically collect such evidence prior to stopping a motorist, so probable cause doesn't usually come into play until after an officer has a chance to observe and interact with a person suspected of a crime. In New York as elsewhere, a popular way to fight DWI charges is by showing that an officer did not have probable cause to arrest a driver in the first place, so it is important to understand what the term really means and how it applies to DWI cases.