A thorough investigation of the facts of this case, along with knowledge of the law, saved this defendant from a Felony conviction for Driving While Intoxicated. The Defendant was arrested and charged with Operating a Motor Vehicle While Under The Influence Of Alcohol as a Felony due to a prior Misdemeanor conviction for the same crime. He was arrested in front of his house, in his vehicle that was running, sleeping behind the wheel of his car. The defendant's prior attorney urged the defendant to plead guilty to Felony D.W.I. because "once you are caught behind the wheel and the car is running, you are automatically guilty of operating the vehicle". When Attorney Todd D. Greenberg heard this advice, he practically fell off his chair. The defendant advised Mr. Greenberg that he was cementing the sidewalk in the front of his house, when, after the day's work was done, he took some beers, sat in his car in front of his house and started the car so he could listen to music. The law in New York is not, as the prior attorney said, that "if the car is running you are automatically operating it". The law specifically states that the courts must look at the "intent" of the defendant as to whether or not he intended to drive the vehicle. In this case, the "intent" of the defendant was just to simply hang out in his car and not move it. These facts were established by a thorough investigation of the defendant's neighbors, pictures of the defendant's house and testimony from family members who clearly stated that the defendant worked all day on cementing his sidewalk and then relaxed in his car after the job. Upon presentation of the facts of this case to the District Attorney, all charges were dismissed on June 21st, 2010. Instead of having a Felony Conviction, due to the experience and expertise of Attorney Todd D. Greenberg in this area, all charges have been dismissed and sealed.
ALL FELONY AND MISDEMEANOR DWI CHARGES DISMISSED AT GRAND JURY STAGE
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