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Traffic Law Attorney | Strategic Defense by a Traffic Law Attorney Resulting in Non-Prosecution for DUI Accident Allegations



When a client is accused of driving under the influence and failing to remain at the scene of an accident, the consequences can be severe under New York law

However, early intervention by a skilled traffic law attorney can significantly influence the outcome. In this case, the client faced allegations of DUI and leaving the scene after a minor traffic collision

With careful planning, scientific analysis, and close support during the investigative stages, a traffic law attorney helped the client secure a complete non-prosecution outcome.

Under New York Vehicle and Traffic Law, prosecutors must show that a driver operated a vehicle while impaired and willfully failed to perform legally required post-accident duties

The client, who was frightened and unsure how to explain the timing of events, sought immediate legal assistance

Thanks to the strategic guidance of a traffic law attorney, the investigation concluded that the client was not intoxicated at the time of the accident and had fulfilled required post-accident obligations.

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1. Traffic Law Attorney in New York | Initial Notice of Investigation and Case Assessment


traffic law attorney begins by identifying the precise sequence of eventsleading to the allegations. 

In this case, the client received a notice to appear for questioning and expressed fear that misunderstandings about the accident and subsequent alcohol consumption could lead to unfair punishment

The traffic law attorney evaluated the timeline and clarified which behaviors occurred before and after the collision.



Understanding the Accident Circumstances Through Client Interview


The first step was reconstructing the events: the client had a light drink during dinner, drove a short distance, and made contact with a vehicle ahead

A traffic law attorney documented that the client stopped, provided contact information, and left with the understanding that the matter would be resolved through insurance

These facts were essential because New York law requires that a driver provide identifying details, which the client complied with. This early evidence shaped the defense strategy.



Distinguishing Post-Accident Alcohol Consumption


The client consumed additional alcohol after leaving the scene, unaware that police would later contact him. 

traffic law attorney recognized that distinguishing post-accident alcohol from pre-accident alcohol was crucial. 

This factor became central to proving the client was not impaired when driving.



2. Traffic Law Attorney in New York | Developing a Dual-Issue Defense Strategy


The traffic law attorney structured the defense around two core questions.

 

  • Was the client legally impaired at the time of the accident?
  • Did the client fulfill required post-accident duties under the law?

 

This dual approach aligned with how New York evaluates fault in DUI and leaving-the-scene cases.



Supporting the Client During Police Interviews


The traffic law attorney prepared the client with predicted questions and guided truthful, consistent statements

During the police interview, the attorney ensured no ambiguous wording could be misconstrued as an admission of guilt

With the attorney’s presence, the client provided clear and accurate testimony

The investigator recognized the reliability of the statement, which strengthened the defense.



Proving Completion of Mandatory Post-Accident Duties


To address the allegation of failing to remain, the traffic law attorney collected CCTV footage, dash-cam footage, and message logs indicating the client provided identification and did not intend to flee

Under New York law, providing identifying information satisfies most post-accident obligations when no injuries occur

The evidence demonstrated complianceand disproved any intent to evade responsibility.



3. Traffic Law Attorney in New York | Scientific Analysis of Blood Alcohol Content


A critical factor was disproving intoxication at the time of the accident, rather than after

The traffic law attorney applied a scientifically recognized BAC back-calculation method(similar to the Widmark analysis) to demonstrate the client’s condition at the actual moment of driving.



Reconstructing the Client’s BAC at the Time of the Incident


The attorney analyzed variables such as the type and amount of alcohol consumed, body weight, consumption rate, and time intervals

The resulting calculation showed an estimated BAC of approximately 0.02% at the time of the collision below New York’s legal threshold for impairment as framed in the analysis. 

This scientific foundation allowed the traffic law attorney to argue that the client was not legally intoxicated when operating the vehicle.



Challenging the Prosecution’s Assumptions


Police assumed the high BAC measured later reflected the client’s condition during the accident. 

The traffic law attorney disproved this by demonstrating, with scientific evidence and witness testimony, that additional drinking occurred afterward

This eliminated the prosecution’s basis for the DUI allegation.



4. Traffic Law Attorney in New York | Non-Prosecution Decision and Client Relief


The investigation concluded favorably

The traffic law attorney successfully proved the client had complied with post-accident legal obligations, was not intoxicated during the driving event, and had provided consistent, credible testimony throughout the investigation.



Legal Findings Leading to Non-Prosecution


Authorities acknowledged:

 

  • The client had properly provided identification at the scene.
  • Scientific analysis showed that the client was not impaired at the time of the accident.
  • Statements and corroborating evidence were consistent and trustworthy.

 

These findings, all presented by the traffic law attorney, led to a full non-prosecution outcome.



Closing the Case Without Penalties


The client avoided license consequences, fines, and criminal charges

This result highlights how quickly and effectively a traffic law attorney can prevent serious outcomes when involved early and strategically.



5. Traffic Law Attorney in New York | Legal Guidance for Future Cases


Traffic Law Attorney in New York | Legal Guidance for Future Cases

 

Thanks to SJKP’s structured strategy and deep understanding of New York traffic statutes, the client’s case was resolved without further action.

If you are under investigation for DUI, failure to remain, or any traffic-related allegation, SJKP’s traffic law attorney teamprovides comprehensive support from initial interviews to scientific defense analysis

Contact SJKP for guidance that protects your rights and ensures your side of the story is fully heard.


21 Nov, 2025


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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