Nassau County DWI lawyer Russ Kofman (https://www.lebedinkofman.com/are-dwi-cases-involving-drugs-common/) of Lebedin Kofman LLP sheds light on the growing prevalence of Driving While Intoxicated (DWI) cases involving drugs and the legal challenges they pose. Kofman emphasizes the importance of understanding the complex aspects of these cases and the rights of those accused. In the article, Kofman also highlights how individuals can better manage the legal process while protecting their freedoms.
The Nassau County DWI lawyer explains that identifying drivers impaired by drugs often poses a challenge for law enforcement. Unlike alcohol-related DWIs, where breathalyzers provide immediate evidence, detecting drug use typically requires more intricate observations or physical evidence in the vehicle. "It is difficult for police officers to detect if you are under the influence of drugs unless they pull you over and there is evidence of drugs in the vehicle," Kofman shares.
For individuals accused of a DWI involving drugs, consulting with a Nassau County DWI lawyer such as Russ Kofman is crucial. The legal ramifications are significant, and having an attorney can make a substantial difference in handling the charges. Kofman adds that individuals often face intimidation during traffic stops, which can lead to actions that jeopardize their defense. Kofman advises against consenting to vehicle searches or admitting to drug use without first seeking legal counsel.
DWIs involving drugs, also referred to as Driving While Ability Impaired by Drugs (DWAI by Drugs), entail operating a vehicle under the influence of controlled substances. Under New York law, this includes substances such as opiates, marijuana, cocaine, and synthetic drugs. Prosecutors must demonstrate that a driver knowingly consumed these drugs, operated a vehicle, and that their ability to drive was impaired as a result.
Kofman notes the critical role of Drug Recognition Experts (DREs) in these cases. These trained professionals assess a driver’s physical and behavioral signs to establish impairment. However, Kofman emphasizes that the DRE’s evaluations are not infallible. “A skilled DWI lawyer can examine the DRE's assessment, looking for inconsistencies or procedural errors that can weaken the prosecution's position,” Kofman states.
The legal landscape becomes even more severe when cases involve Leandra’s Law. This statute imposes harsh penalties for DWI or DWAI cases involving passengers under 16. Violations may lead to felony charges, lengthy prison sentences, and hefty fines. Kofman urges defendants facing charges under Leandra’s Law to consult a Nassau County DWI lawyer immediately to explore their defense options.
One common issue Kofman addresses is the mistaken belief that cooperating fully with law enforcement - such as consenting to searches or admitting drug use - will lead to leniency. "It is baffling how often people allow police to search their vehicles, even when they know they possess drugs," the Nassau County DWI lawyer says. Kofman stresses that defendants have a right to refuse consent for searches, and exercising this right is a critical first step in protecting their defense.
Driving under the influence of marijuana also presents unique challenges, as the substance leaves a strong odor and visible residue, making it easy for officers to detect. Kofman points out that drivers often admit to marijuana use when confronted, not realizing that such admissions can be used as evidence against them. Kofman advises against providing any statements to law enforcement without consulting an attorney.
Lebedin Kofman LLP can assist those facing these serious charges. With extensive experience in handling DWI cases, the firm prioritizes protecting clients' rights and striving for outcomes such as charge reductions or dismissals. “Our focus is on helping ensure that every individual receives a fair defense, particularly in complex drug-related DWI cases where the stakes are high,” Kofman asserts.
About Lebedin Kofman LLP:
Lebedin Kofman LLP is a law firm based in New York, offering dedicated legal representation in criminal defense cases, including DWI and DWAI charges. The firm is committed to protecting clients' rights and achieving favorable outcomes in challenging legal situations.
Email: info@lebedinkofman.com
Media Contact
Name
Lebedin Kofman LLP
Contact name
Russ Kofman
Contact phone
(516) 212-4209
Contact address
600 Old Country Rd # 205
City
Garden City
State
New York
Zip
11514
Country
United States
Url
https://www.lebedinkofman.com/nassau-county-criminal-lawyer/
