Early Sunday morning, July 15, 2012, Jason Kidd was reported to be involved in a one car accident in which his 2010 Cadillac Escalade struck a telephone pole near the intersection of Cobb Road and Little Cobb Road in Water Mill, Long Island. Kidd was alone in the car. He was medically treated at Southampton Hospital for minor injuries and released into police custody. After his hospital visit, Kidd was arraigned and charged with DWI by alcohol. It is unknown if Kidd took a breathalyzer or performed any field sobriety tests.
As this case is venued in New York, Kidd will automatically have his license suspended 90 days by the Department of Motor Vehicles. If convicted of a DWI, Kidd faces a minimum 6 month suspension of his license, up to 1 year in jail, a fine from $500 to $1,000, additional mandatory surcharges, a mandatory Alcohol Screening and/or Alcohol Evaluation as well as the possibility of an ignition interlock device and/or Driver Responsibility Assessment.
The key words are "if convicted of a DWI." In order to be convicted of a DWI, the State must prove all elements of the Statute by admissible evidence beyond a reasonable doubt. That is why it is so important to not make any statements to the police when you are arrested for a DWI. As many people know, anything you say can and will be used against you in a Court of Law.
That is also why it is important to seek an attorney if you are charged with a DWI. An attorney experienced in Criminal Law and Motor Vehicle Laws ought to be able to review the documentary "discovery" and determine whether or not the police Constitutionally/properly gathered all evidence. As stated above, the State must prove all elements of the crime using admissible evidence beyond a reasonable doubt. As such, if some or all of the evidence was improperly obtained, an experienced attorney will be able to recognize the deficiencies by the police and make the appropriate Motion to Suppress the evidence before Trial. Absent this improperly gathered evidence, the State may not be able to prove its case and the charges may be dismissed. Otherwise, absent crucial evidence, the State may be far more amenable to a realistic, lower plea bargain as well.
If you have been charged with a DWI/DUI or other Municipal/Criminal Court charges, and are interested in a free consultation, contact me at The Law Office of John Tierney, LLC - (973) 588-3050 or email me at Matthew@jtlaw.org. We practice in practically all Counties of New Jersey, the five (5) Boroughs of New York, and Rockland County.