Mark Panzavecchia

Criminal Attorney

Former Prosecutor

Legal Analyst

Channel 7

Eyewitness News


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Queens New York DUI Attorney


Being Wrongfully Pulled Over


Legally, a police officer must have reasonable suspicion that a driver is breaking the law in order to pull the driver over. Without valid reasoning for pulling a driver over and/or making an arrest, the evidence against the driver may be dismissed in court, even if the driver was in fact breaking the law.


Valid Reasons For Being Pulled Over


Valid reasons for being pulled over include:



What You Should Do If You Are Pulled Over


When you have been pulled over, in order to minimize conflict, you should obey the police officer’s request for your license and registration. You are not legally obligated to consent to a breathalyzer or chemical test, although refusal can cause other consequences. You have the right to remain silent if you are being interrogated until you speak with an attorney, who will strategize the best possible defenses in order for your charges to be reduced or dropped.


A lawful DWI arrest begins with a lawful pull over. If the police officer who initially pulled you over in traffic cannot explain his or her reasons for suspicion, it is possible for the evidence against you to be dropped and dismissed in court. Note that it is illegal to operate a vehicle under the influence of alcohol or other controlled substances, and state limits vary.


Contact Nassau and Queens County NY Criminal Defense Attorney


Being charged with a DWI is a very serious offense, and it should be assumed that your initial pull over was legal in order for the legal process to run as complication free as possible in the early stages. A DWI criminal defense attorney will help determine whether or not the pull over was legal, and therefore if the evidence against you was obtained illegally. This stage of preparation comes after the arrest, and is not cause for belligerence or aggressive behavior toward the police officer.


If you have been charged with DWI, you need to contact Panzevecchia & Associates, PLLC to speak with an attorney who will help to determine whether or not you were pulled over legally, and if not, how the case will then proceed in court. Contact Panzevecchia & Associates, PLLC for a consultation of your case today by calling 1-800-LAW-2204.

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Mark Panzavecchia is a current adjunct professor of law at John Jay College of Criminal Justice

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Mark Panzavecchia serves as legal counsel for the New York Latino Police Officers Association

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