What to learn from Justin Timberlake’s alleged New York drunk driving charge on Long Island – How could he have made his case better from defense standpoint?
Justin Timberlake was recently arrested in Sag Harbor, New York (Long Island) on suspicion of drunk driving. Our law firm is not licensed in New York State but many of clients and their families frequently travel there for work or to see family.
If you, a friend or family member is arrested for drunk driving in New York, our law firm strongly encourages you to contact our good friends and colleagues at COLLINS GANN McCLOSKEY & BARRY PLLC (www.cgmbesq.com ). We trust this law firm with all of our matters in New York State!
What happened to Jutin Timber Lake in Sag Harbor New York?
Local police stopped his vehicle after they observed his BMW fail to acknowledge a stop sign, and swerve in between lanes. This provided police with sufficient probable cause to initiate a traffic stop!
Following the stop, police observed his “bloodshot and glassy” eyes and smelled strongly of alcohol. Further Timberlake failed field sobriety tests, including the walk and turn test and standing on one leg stand test. This gave police sufficient probable cause to arrest Timberlake for suspicion of drunk driving.
Timberlake told police that he only had a single drink before driving but it is important to understand that he had no obligation to make any statement to police.
What pre-trial legal arguments are available to Justin Timberlake
Timberlake’s criminal defense lawyer should evaluate possible pre-trial motions which should focus on suppressing the evidence against him. Remember that a motion to suppress will focus on the reasonable suspicion and or probable cause to stop a driver and or the reasonable suspicion and or probable cause to arrest the driver for drunk driving. This is often the best way to fight a drunk driving charge before trial.
Timberlake was arrested after police stopped his vehicle for failing to stop at a stop sign. This set of circumstances probably means that his attorney won’t be able to successfully argue a motion to suppress for lack of probable cause to stop him. The failing to stop and the swerving provides police with sufficient probable cause to stop a driver for suspicion of drunk driving (DUI).
What did Justin Timberlake do wrong after police stopped his car and how did he make his defense weaker?
Timberlake allegedly refused the chemical test (breathalyzer) which was the wrong thing to do here. Regardless of what happens, this chemical test refusal will result in an automatic license suspension in New York, along with most states including Pennsylvania and New Jersey.
Further he should not have made any statements about where he was going, where he had been or what he consumed that evening. Statements will never help your criminal case and they will not help Sherman with this drunk driving charge. The prosecution will use this statement against if the case proceeds to trial.
How could have Justin Timberlake made his case better from a defense standpoint?
Timberlake should have not made any statements to police. He should have simply been cooperative and provide the troopers with his driver’s license, registration and proof of insurance. This is all that is required following a drunk driving stop!
How serious is this drunk driving charge? Can he receive a criminal diversion program?
At the minimum, Timberlake faces a license suspension, fines and possibly jail if he is convicted of this drunk driving charge.
In New York, a first-time refusal to take a chemical test for driving while intoxicated (DWI) or under the influence (DUI) can result in a one-year driver’s license revocation and a $500 civil penalty. The license suspension is automatic and cannot be appealed. The driver may also be charged with a misdemeanor, which could result in up to $500 in fines and 15 days in jail.
If the refusal occurs within five years of a previous DWI-related charge or chemical test refusal, the penalties increase to an 18-month license revocation and a $750 civil penalty. Drivers under 21 and commercial drivers may also face longer license revocation periods
Drunk Driving in New York
In New York, a first offense for driving while ability impaired (DWAI) by alcohol is a traffic offense that can result in penalties such as:
- A fine of $300–$500, plus a surcharge of $255–$260
- Up to 15 days in jail, though there is no minimum sentence
- A license suspension of at least 90 days, though you may be eligible for a conditional license
- A driver responsibility assessment (DRA) of $250 per year for three years
- A victim impact panel
- Court fees of about $250
Fines and penalties substantially increase for Aggravated Driving While Intoxicated (BAC .18 or higher)
Contact Our Criminal Drunk Driving Defense Lawyers in PA & NJ
Please click here to contact our Philadelphia criminal defense lawyers. We offer free case reviews of drunk driving cases and serve the following areas in Pennsylvania and New Jersey, Atlantic City, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Upper Darby, Upper Merion, Upper Providence, Vineland & Woodbury areas.
