Skilled DWI and DUI Defense Lawyers in Queens, New York
Your rights, your freedoms, your reputation. They're all on the line when you are pulled over for driving while intoxicated (DWI). After the initial shock of being arrested, the time comes to make important decisions about what to do next. Before proceeding further, you need the advice of an experienced DWI defense attorney.
At Addabbo & Greenberg, our lawyers have more than 30 years of DWI defense experience and have a firm grasp of what it takes to achieve results in these cases. Whether this is an isolated incident or you have been pulled over before, you cannot afford to be without the representation of an accomplished attorney.
Most Attorney Web sites tell you about the DWI laws. At Addabbo and Greenberg, we show you our results in court. We have had eight DWI acquittals in our last eight trials. Here are some of those cases:
Evidence Of Refusal Of Breath Test Suppressed: Attorney Greenberg Wins Hearing Without Saying One Word
A good lawyer knows the law and how to cross-examine a witness. A great lawyer knows when to say nothing and rest on the weakness of the evidence presented by the District Attorney. That is exactly what happened when Attorney Todd Greenberg did not cross-examine an Arresting Officer in a Drunk Driving case during Pre-Trial Hearings.
The Defendant was charged with Driving While Intoxicated as a Misdemeanor. The Defendant refused to take to Breath Test which would measure his blood/alcohol content and the District Attorney wanted to use the fact of that Refusal as evidence at the trial. A Pre-Trial Hearing was granted and the Police Officer testified that he actually observed the Defendant in a black Toyota make a u-turn from where he was parked thereby causing an accident. The Police Officer then testified that the Defendant's eyes were blood-shot and watery, that the Defendant had alcohol on his breathe and that the Defendant "refused the blood alcohol test".
Most significantly, at no time was testimony presented to the Court of what the Defendant actually stated in response to the Police Officer's request to take the test. At that point, the record consisted solely of the Police Officer's conclusion that the Defendant refused to take the test without any facts whatsoever as to what the Defendant did or said for the Court to draw that conclusion. Instead of cross-examining the Police Officer which would give the Police Officer the opportunity to be more specific, Attorney Greenberg asked for a recess, spoke to his client, and advised the client that there should be no further questions of this Police Officer. In its Decision and Order, the Honorable Robert M. Raciti, Judge of the Criminal Court, Queens County, noted that "There was no cross-examination" and then found that "…there was no evidence in the record concerning how the Defendant is alleged to have manifested his refusal…".
Motorist, A Liquor License Holder, Is Acquitted Of All Criminal Charges Relating To DWI Arrest
On September 9, 2008 a Queens Jury returned a not guilty verdict on all criminal charges arising from the arrest of the Defendant, a liquor license holder and bar/restaurant owner. The Defendant was arrested on December 12, 2006 and charged with Driving While Intoxicated, a Class-A Misdemeanor, under two separate and distinct theories: Common Law DWI and Blood Alcohol Content of more than .08%.
The evidence established that the Defendant did take a chemical test of his blood at the Intoxicated Driver Testing Unit which registered a .09%. Attorney Todd D. Greenberg attacked the result of the Chemical Test/Intoxilyzer Machine by pointing out on cross-examination the Arresting Officer that although the reading was .09% at the time of the test, approximately one hour after the arrest, that does not necessarily mean that the reading of .09 was valid at the time of the operation of the vehicle. Mr. Greenberg was able to elicit from the witness that depending on a person's rate of metabolism and the time when the person had a drink and ate, that due to the absorption of the alcohol from the stomach to the blood system, the blood alcohol level could have been lower at the time of operation than at the time of the test. Although the Defendant admitted to the Police that he had consumed alcohol, the District Attorney could not establish the time that Defendant was drinking and, therefore, was not able to argue to the jury as to whether the .09 reading would have been higher or lower at the time the Defendant was operating the motor vehicle.
Todd Greenberg's successful defense of a college student charged with DWI and resisting arrest results in acquittal by jury.
On June 22, 2007 a Queens jury acquitted our client, a 19-year old college student charged with driving while intoxicated and resisting arrest, which allegedly occurred on April 27, 2006. Out client was a passenger in a SUV when the driver was pulled over and arrested for DWI. According to the Defendant's testimony at trial, he was asked to step out of the car and while the diver of the vehicle was being arrested, this Defendant was speaking to a Police Officer. Ultimately, after the arrest, that Police Officer gave the Defendant the keys to the driver's vehicle and told him to move the car.
The Defendant proceeded to drive the SUV approximately half a block and was then pulled over by another Police Officer who arrested him for driving while intoxicated and resisting arrest. The Police Officer's charge of DWI was based upon a strong order of alcohol on the Defendant's breath and blood-shot, watery eyes. The Police Officer also charged the Defendant with attempting to flee the scene. The Defendant refused to take the Breathalyzer Test and testified that he did not take the test for two reasons: First, after the earlier scenario, he did not trust the Police, which defense attorney Todd Greenberg argued to the jury was quite understandable under the circumstances. Second, the Intoxicated Driver Testing Unit was so filthy that the Defendant would not put his mouth on any instrument. Additionally, the Police did not conduct any Physical Coordination Tests at the IDTU Unit because of a "back log".
During the People's case, two Police Officers testified that they received 6 hours and 15 hours respectively of overtime based on the arrest of the original driver and this Defendant. Attorney Greenberg argued in his summation to the jury that, if the Police Officers earned 6 and 15 hours of overtime, there should have been enough time to conduct a simple Physical Coordination Test, which testimony revealed takes approximately 20 minutes. Mr. Greenberg argued that the jury was deprived of critical evidence, a videotape of the physical Coordination Test and, after speaking to the Jury after the verdict, the jury confirmed that the Police should have at least taken the 20 minutes to give the Physical Coordination Test.
Our client is acquitted of DWI charges when defense attorney Todd Greenberg proves that the sobriety tests were administered improperly.
On September 5, 2006, our client was acquitted in Nassau County District Court of all charges involving his arrest for Driving While Intoxicated. During the trial, Attorney Todd Greenberg challenged the results of the Standard Field Sobriety Test, as administered by the Nassau Police, i.e., the one leg stand test, the walk and turn test and the finger to the nose test. During cross examination, the arresting officer admitted that he administered the test improperly. It should be noted that the knowledge and information used to cross examine the police officer was obtained by Mr. Greenberg's attendance at the Driving While Intoxicated Trial Seminar sponsored by the National Association of Criminal Defense Lawyers in Las Vegas in October of 2005. A lesson well learned by defense attorney Todd Greenberg.
Don't give up your rights without a fight. Call 718-268-0400 now for a free initial consultation with a dedicated DWI defense attorney.
Where Were You Arrested? Did You Refuse a Breath Test?
There are many questions that must be answered when examining a DWI or DUI case. From the initial traffic stop to refusals to take field sobriety or breath tests, there are many factors that contribute to the validity of DWI charges. If any one piece of the puzzle is missing, it can hurt the prosecution's case against you.
Help With the Civil and Criminal Consequences of DUI
In addition to protecting you from the fines, jail time or increased insurance premiums that result in a DWI conviction, we will work hard to limit the civil consequences you face after a DWI arrest. We will help you navigate the process for securing a hardship license in the event your driver's license is suspended and will do whatever we can to help you get your license back as quickly as possible.
Don't Let a DWI Ruin Your Life
Things may be tough right now, but there is hope. We will work to help you get through this difficult time in your life. Contact us today for a free initial consultation with an attorney.
