Ask for an Attorney!
When accused of a crime it is very important to ask for an
attorney. The goal of the police is to collect evidence that can be used against
an accused at trial. The best
criminal defense attorneys always tell there clients to request an attorney if under a
police investigatio. The police will go to great lengths to get a statement
from an accused but the best statement is "I want a lawyer"
BAC Test and Request for an Attorney
People v Mora-Hernandez, 77 AD3d 531, the court properly suppressed the results of the defendant's
BAC test and a videotape of the test because the officers violated the
defendant's right to counsel.
When a defendant who is arrested for driving while intoxicated (DWI) and
asks for an attorney he has the right to consult with an attorney before
deciding whether to take a sobriety test.
By ignoring the defendant's request for counsel before they administrated
the test, the police prevented him from contacting his attorney even though
there was no indication that granting the request would have substantially
interfered with the investigation.
In the case there was no proof the defendant ever abandoned his request
for an attorney.