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Criminal defense: New York driver charged with drunk driving

A 24-year-old man is in custody following a series of events police believe to be based upon a drunk driving incident. New York police arrested the man and his passenger in Brooklyn after the man allegedly struck a police officer with his car before kicking off a police chase that ended in a crash. No court date has been announced for either individual at this point, and it is unclear whether either individual has secured criminal defense representation.  

According to the report, police were called around 5 a.m. the morning of Dec. 2 to respond to an altercation outside a nightclub in Midwood. Police found the man and his passenger, a 25-year-old woman, inside the vehicle, whereupon the driver gunned the engine and allegedly struck one of the officers on foot before driving off. Police gave chase, following the speeding vehicle for some three miles. 

At this point, the driver lost control of the car, which entered the sidewalk and landed on top of a brick wall and hedge, stranding the vehicle. Officers on the scene surrounded the vehicle and took both occupants into custody. The driver and passenger both face multiple charges, including assault of a police officer. The driver is also charged with drunk driving, though it is unclear how police came to this conclusion. 

It will be up to New York prosecutors to flesh out the details of this case and prove conclusively that the driver was drunk at the time of this bizarre series of events. This means presenting evidence of a blood alcohol level registering above the legal limit of .08. The driver's criminal defense representation will work to build a case in his defense by carefully examining the means by which his BAC was tested. If his rights were not respected during this process, or if the means of testing comes into question, the drunk driving charge could be reduced or dropped entirely. 

Source: New York Daily News, "Drunken driver hits brick wall after striking cop, fleeing police", Thomas Tracy, Dec. 3, 2017

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