Our client, a 30-year-old businessman, was stopped for speeding. The police officer allegedly smelled alcohol and eventually arrested the client, who blew a .12 on the breath test. Mr. Greenberg argued to the jury that despite the reading, our client’s physical appearance and characteristics were stronger; therefore, the instrument was not accurate. Mr. Greenberg also argued to the Jury that our client's BAC was higher at the time of the test, one hour after he was stopped, than at the time he was driving, because of the absorption of the alcohol into his blood during that one-hour period. The Jury did find the defendant guilty of driving while impaired, which is what we were requesting of the Nassau County District Attorney Office to plead to. The District Attorney wouldn’t give it, but the Jury did!
9/28/26 Nassau County Jury: “NOT GUILTY“ DWI
