According to media reports, Braylon Edwards, a wide receiver for the New York Jets, was arrested early this morning on suspicion of driving while intoxicated. According to media reports, Edwards was stopped at 5:15 in the morning for having excessively tinted windows. He was given a field sobriety test and a test back at the station. Media reports suggest his Blood Alcohol Content ("BAC") was .16, or twice the legal limit of .08. This cannot be good for Edwards or the New York Jets.
Focusing on the criminal case (as opposed to what the Jets would do at wide receiver without Edwards and the already-suspended Holmes), Edwards has a long road ahead of him. At the time of this blog post, Edwards has not yet been arraigned. Thus, I am speculating as to the likely charges. He can expect to be charged with two variants of Driving While Intoxicated ("DWI") (Vehicle and Traffic Law "VTL" Section 1192(2)) which makes it illegal to drive with a BAC of .08 or greater, and VTL 1192(3), often referred to as "common law DWI" which makes it illegal to drive in an intoxicated state. They charge the latter in case the BAC test is thrown out for some reason, the officer can still testify that he observed the defendant in an intoxicated state. If Edwards had a BAC of .18 or higher (he was very close), he would be facing an "aggravated DWI" charge (VTL Section 1192(2)(a)).
Assuming this is Edwards' first drunk driving related offense, and none of the four other people in the car were minors, Edwards will be charged with a misdemeanor. If convicted of the misdemeanor, he would be facing up to one year in prison, a maximum $1,000 fine, and a license suspension of a minimum of six months. Edwards is not likely to face jail time. I recently represented a defendant charged with aggravated DWI in New York County. His BAC was over .25 and he had several other adults and children in his car. While the prosecutor was originally seeking a 30 day jail sentence with three years probation, I was able to secure a sentence consisting only of six months probation. If my client did not go to jail with a .25, Edwards is not likely to see jail time (at least in NY, Edwards may be on probation in Ohio and this may impact his status there). However, Edwards can expect to have to undergo mandatory screening for alcohol and drug problems, and, if convicted, will likely have to complete a drunk driver education program.
All is not lost for Edwards though. Aside from challenging the accuracy of the blood alcohol tests, Edwards has other defenses. What jumps out at me from the news report is that the police claim that Edwards' vehicle was stopped because it had excessively tinted windows. This is a dubious claim. A police officer cannot tell just from looking at the window whether the tinting exceeds the legal amount. The claim is even more dubious if the vehicle was in motion and it was not light outside. Experienced criminal defense attorneys see this same reason for police stops all the time. Depending on the facts, the right judge may rule that the reason given for the stop was a pretext and find that there was no probable cause for the stop. If a judge ruled this way, the evidence would be suppressed and the case likely dismissed.
New York State is committed to fighting drunk driving. Whether you are a professional football player like Braylon Edwards or a regular working man like my client, if you drink and drive, you are likely to get caught. And make no mistake about it, New York keeps toughening its laws. If you want to know more about New York's drunk driving policies, the DMV puts out a brochure, but I don't know if it reflects the most recent changes in the law. If god forbid you are ever arrested for driving under the influence of alcohol or drugs, make sure you consult with an experienced attorney,
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