A client facing 7 charges including two counts of DWI, two counts of driving without a license and several traffic infractions had all of those charges dismissed and instead plead to one count of disorderly conduct a no point violation in Rockland County last week. The client who was charged in the Village of Sloatsburg was charged with two counts of Driving While Intoxicated under Vehicle and Traffic Law 1192 (3), two counts of Driving without a License under VTL 509, one count of failure to keep right in violation of VTL 1120 (a) and one count of failing to use designated lane in violation of 1128 (c) as well as improper plates under VTL 402(2). In addition the client was charged separately in the Department of Motor Vehicles with Refusing to take a Chemical Test which in this case was a breathalyzer test. The Refusal in the DMV was dismissed after a contentious hearing, as we have already reported. Now we are please to report that all of the DWI and VTL charges have been dismissed as well.
The client, who had two prior convictions for DWAI (Driving While Ability Impaired by Alcohol) from 2007 and 2012 was facing a lifetime revocation of his driving privileges as a result of his prior record if he had either been convicted of any alcohol related driving offense such as DWI or DWAI or if he had been found to have refused a validly requested chemical test.
The victory came after we made an application to the Court seeking suppression of inculpatory statements or in the alternative asking the Court to hold an evidentiary hearing on the issues. During the hearing during my cross-examination of the arresting officer it seemed unlikely that the officer was telling the truth. Some of the arresting officer’s answers seemed improbable and in some cases inconsistent with sworn statements made in his paperwork. In an attempt to verify the arresting officer’s story I asked the officer about any electronic recordings of the incident. The following colloquy occurred: