Breathalyzer Results Suppressed; Police Lacked Probable Cause To Stop Motorist

On July 8, 2013 a Queens Criminal Court Judge granted the motion of Queens Criminal Defense Attorney Todd D. Greenberg to suppress the results of a breathalyzer on the ground that the Defendant’s limited right to counsel was violated. After a fact finding hearing and legal argument based on extensive research on this issue, the Judge held that Defendant’s right to counsel was violated when the Defendant, at the breath test, stated “I would like a lawyer present”. Attorney Todd D. Greenberg provided case law to the Court that established a limited right to counsel where the Defendant requests counsel. In the case at bar, the Court held that “the Defendant repeatedly attempted to invoked his limited right to counsel by requesting that his attorney be present and police officers (names omitted) ignored these requests.” Once again, based upon knowledge of the law in Driving While Intoxicated cases, a major part of evidence against this Defendant in a Drunk Driving case, which was wrongfully and unconstitutionally obtained, was suppressed. For best results in a criminal case call Todd D. Greenberg, Esq. 718-268-0400.

The Defendant was arrested on July 30 th, 2011 and charged with Operating a Motor Vehicle While Under the Influence of Alcohol. Upon being retained, DWI Attorney Todd Greenberg reviewed the complaint and noticed immediately that it was legally insufficient. Even though the Defendant was in a serious accident, it appeared that he was arrested solely on the ground that he refused to submit to a blood test and made the statement “I had about three beers four hours ago”. After extensive research and the filing of a legal motion to dismiss, DWI Attorney Todd Greenberg urged the Court to dismiss the charges on the ground that the Complaint failed to alleged that the Defendant operated the motor vehicle, there was no indicia or signs of Defendant’s alleged intoxication and, even though the Defendant stated that he had drinks, there was no showing in the complaint that the Defendant’s operation and driving were contemporaneous. On January 12 th, 2012, Judge Lenora Gerald, Judge of the Criminal Court, Queens County, in a written decision, dismissed the DWI charge exactly for the reasons put forth by Mr. Greenberg. Defendant was overwhelmed with joy when the Judge announced, “case dismissed”. Once again, knowledge of the law and the ability to draft a Motion to Dismiss with particularity resulted in a favorable ending for a client who was wrongfully and improperly charged for DWI. Further, a Civil Action for False Arrest is going to be filed against the New York City Police who arrested this Defendant without any indicia of intoxication.

Knowledge of the Driving While Intoxicated Laws, as well as extensive preparation and cross-examination at a Pre-Trial Hearing, has resulted in a dismissal of all Driving While Intoxicated charges against Addabbo and Greenberg’s Client. The allegations were that the Defendant failed to signal when entering into traffic from a parked position and the police observed the Defendant to be in an intoxicated condition. In addition, the Defendant refused to take a Breath Test and made the statements “I had two beers prior to driving.” The New York Court of Appeals, People v. Cruz, defined intoxication as “…a greater degree of impairment which is reached when the driver has voluntarily consumed alcohol to the extent that he is incapable of employing the physical and mental abilities which he is expected to posses in order to operate a vehicle as a reasonable and prudent driver.” Knowing the law, at a Pre-Trial Hearing, Attorney Todd Greenberg elicited during cross-examination the following testimony of the arresting officer: “that the motorist was proceeding in a normal fashion after pulling out from the curb;” that the police officer did not observe the motorist passing over a yellow line;” “that the motorist did not strike any vehicles;” “that the motorist complied with the Police Officer’s directions to pull over;” ” that the motorist did not fumble any papers while looking through his wallet to get his license;” “that the motorist did not stumble out of his car and got out of his car as a ordinary and reasonable person;” “that the motorist followed all of the police instructions.” The bottom line is that at the Pre-Trial Hearing it was established that the Defendant was operating his vehicle as a “reasonable and prudent person” would. Based on experience, knowledge of the Law and a planned cross-examination, a client of Addabbo and Greenberg had his DWI case dismissed prior to Trial.