In January of 2005, a man received two moving violations: one for speeding and one for a New York DWI. Because a New York DWI is a criminal violation, the man was not only ticketed but also arrested and faced criminal charges. There were two officers involved in the interaction with the man: an arresting officer and a law enforcement officer who administered a breathalyzer test to determine his blood alcohol content.
According to evidence presented at a subsequent trial before a judge, the arresting officer testified that the man was driving east on Route 404 in Webster, NY at around 2:03 in the morning on the night of the alleged New York DWI. The arresting officer noticed the man was driving too fast and his radar gun subsequently revealed that the man was driving 55 miles per hour in a 40 MPH zone.