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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.

Our client was acquitted of all charges after a trial involving several days of testimony. She was arrested for driving while intoxicated after New York State Troopers responded to the scene of a motor vehicle accident. Addabbo and Greenberg attorney Caitlin Quvus successfully demonstrated that the other driver caused the accident when he rear-ended our client. Further, Ms. Quvus was able to show that after the other driver offered our client cash to walk away from the scene, our client called 911 to request police assistance. Ms. Quvus’ detailed cross-examination of both Troopers established that the Troopers’ testimony concerning their observations of the smell of alcohol on our client’s breath, that she had bloodshot, watery eyes and was unsteady on her feet, was flawed. Ms. Quvus successfully argued that despite the client’s refusal to submit to a breath test, there was an innocent explanation for the refusal that was not indicative of intoxication or impairment. Ms. Quvus’ ability to expose the Troopers’ flawed testimony, combined with our demonstration of an innocent explanation for the refusal of the breath test, showed that the client was neither intoxicated nor impaired by alcohol, and she was found “not guilty” of all charges. If you are charged with Driving While Intoxicated (DWI), Driving Under the Influence (DUI), or any other crime, call attorneys Caitlin Quvus and Todd Greenberg for the best result at 718-268-0400 or visit us at www.addabboandgreenberg.com.

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.

Jury Deadlocked with regard to all charges involving marijuana impairment including most serious charge of Aggravated Vehicular Homicide. The so called controversial “Pot Defense” presented by New York Criminal Defense Attorney Todd Greenberg was based on scientific studies as explained to the Jury by a highly qualified Yale Professor. If convicted of top count Beer would have faced up to 25 years. Beer was convicted of the lesser charges of Manslaughter in the second degree based on reckless conduct. Watch on YouTube.

After a trial that lasted several days, a Queens County Judge acquitted our client of all drinking driving charges. Our client was initially stopped for speeding on the Grand Central Parkway and was asked to step out of the vehicle after the Officer allegedly smelled an odor of alcohol. Addabbo and Greenberg Criminal Defense Attorney Caitlin Quvus successfully utilized a video obtained from the Officer’s dashcam to cross-examine the Officer and elicit conflicting testimony. Further,, Ms. Quvus was able to extract testimony from the Intoxicated Driver Testing Unit Technician that contradicted the first Officer’s testimony. Detailed cross-examination of both Officers established that neither Officer was a credible witness. Ms. Quvus successfully argued that despite a breath test reading that showed the client’s blood alcohol content to be above the legal limit, the inconsistent and contradictory testimony by the Officers combined with the client’s performance on the physical coordination tests showed that she was not impaired by alcohol and she was found “not guilty” of all drinking driving charges. If you are charged with Driving While Intoxicated (DWI), Driving Under the Influence (DUI), or any other crime, call attorneys Caitlin Quvus and Todd Greenberg for the best result at 718-268-0400 or visit us at www.addabboandgreenberg.com.

Drunk Driving is a serious crime and should be prosecuted to the fullest extent. However, sometimes a person is arrested for DWI when he is not Intoxicated, but did have a drink and his breath smells of alcohol. This is that case! Despite a 0.10 reading on the breathalyzer, Queens Criminal Defense Attorney Todd Greenberg obtained an Acquittal of all charges for our client, a Certified Airline Mechanic, whose career was on the line. How? During cross-examination of the arresting officer, Mr. Greenberg elicited that although our client passed a red light at 2:30a.m. and the Police Officer stated there was a strong odor of alcohol coming from his breath and he had blood shot eyes, that, in fact, the strong odor of alcohol was coming from the vehicle (not our client), that our client was steady on his feet, cooperative and he was speaking clearly. Further, Mr. Greenberg had the Officer admit that during his observation of our client’s operation of the vehicle, both before and after the red light, he operated the vehicle as a “reasonable and prudent driver”! That language is critical in that the DWI Statute sets forth that a person is Intoxicated when he consumes alcohol to the extent that he cannot operate the vehicle as a “reasonable and prudent driver”. Although the Intoxicated Driver Testing Unit Technician, who administered the breath test, said our client failed the physical coordination test, detailed cross-examination established that the technician failed to give proper instructions regarding the tests. For instance, a video tape showed that our client failed the Finger to Nose Test. However, the instructions for the Finger to Nose Test sets forth that a suspect should tilt his head “slightly back” with his eyes closed. The IDTU Technician told our client to tilt his head “all the way back until he is looking at the ceiling”. Mr. Greenberg then had the Technician admit that the test must be given properly to yield any value. Clearly, the tests were not administered properly in this case. Mr. Greenberg’s knowledge of the Law was critical: although there is a per se 0.08% level of intoxication, whether a person exhibits the signs of intoxication or not, the Law clearly says that a person’s physical attributes can be weighed against the results of the test to determine if the test is correct. In this case, Mr. Greenberg argued that the test result had to be in error because our client did not exhibit the common signs of intoxication. Our client was acquitted of all charges involving Driving While Intoxicated and Driving While Under the Influence, a considerable victory given the fact that the District Attorney insisted from the inception of this case that our client was Intoxicated. Knowledge of the Law, knowledge of the facts of the case and experience in cross-examining police officers led to the best result possible: an acquittal of all charges. You can reach Mr. Greenberg at 718-268-0400 or visit our firms website at www.addabboandgreenberg.com.

A Nassau County District Court Judge dismissed a DWI case prior to trial on Motion of Criminal Defense Attorney Todd Greenberg on the ground that the District Attorney of Nassau County failed to be ready for trial within the appropriate time limit. The Defendant in this case had a prior attorney who was urging her to plead guilty. Mr. Greenberg immediately advised the District Attorney that there would be no plea in this case. The reason was simple: it was alleged that our client, on Thanksgiving Day 2015, was in a car accident on the Southern State Parkway wherein she was struck from the rear and did not cause the accident. Upon the police arriving, they smelled alcohol on our client’s breath and she advised that she was at Thanksgiving dinner with her family and during the course of the day had three (3) glasses of wine.  She blew a 0.08% of Blood Alcohol Content on a breathalyzer machine which is the exact legal limit for Driving While Intoxicated. During pretrial hearings regarding her statement, Mr. Greenberg elicited this astonishing fact: the police officer placed our client in the back of the police car in handcuffs, but since the Trooper did not know how to drive a stick-shift he removed our client from the car, removed her handcuffs, and told her to move the car, which she did! How could an officer say that a person was so Intoxicated that she could not operate a vehicle as a reasonable and prudent person, which is the legal standard, yet hand her the keys to the car on the crowded Meadowbrook Parkway to move the car. Although Mr. Greenberg was anxious to take this case to a Jury, he insisted in having a trial and, eventually, after the People kept stating they were not ready for the trial, the case was dismissed on Constitutional Speedy Trial grounds. If you find yourself charged with DWI or any serious crime, hire an attorney that does not immediately jump into a plea deal but prepares the case and has the knowledge and experience to take cases to trial. Call Criminal Defense Attorney Todd Greenberg at 718-268-0400 or reach us at www.addabboandgreenberg.com.

Not only did Queens DWI attorney Todd Greenberg obtain a dismissal of a complaint charging Operation a Motor Vehicle While Under the Influence of Drugs based on insufficiency of the complaint, on July 24 th, 2017 a False Arrest case based on that arrest was settled for a substantial amount of money. In January of 2016, our client was involved in a one car motor vehicle accident and the police alleged that our client made an incriminating statement and that she was “confused”, that she had “watery eyes, was excessively talkative, had slurred speech, mismatching stories, and was unable to stand on her own, and was combative”. However, conspicuously absent and defective to the legal sufficiency of the complaint was allegations that the Defendant ingested any alcohol or a drug, that the drug allegedly ingested was prescribed by the Public Health Law and that our client operated a motor vehicle impaired by such ingestion. Further, Mr. Greenberg argued that the police officer’s observations were consistent with just being in an accident and not evidence of intoxication. Moving immediately for a dismissal of the complaint based on applicable Law, attorney Todd Greenberg was granted a dismissal within one month after the arrest. Thereafter, a Federal Civil Rights suit was instituted for damages for False Arrest and False Imprisonment based on the act of the police officer in arresting the Defendant without “Probable Cause”. On July 24 th, 2017, the Federal Civil Rights and False Arrest case was settled for a substantial amount of money. Once again, knowledge of the law and immediate action in Court has resulted in the best possible result: Dismissal of a DWI charge and substantial recovery for False Arrest! Call us at 718-268-0400 or reach us at www.addabboandgreenberg.com.

Our client was arrested and charged in Queens County with the Misdemeanor crime of Driving While Intoxicated. The Police alleged that our client was operating his vehicle when he failed to signal and, thereafter, he was observed to have “bloodshot watery eyes” and a “a strong odor of an alcoholic beverage on his breath”. Upon advice of Criminal Defense attorney Todd Greenberg, all plea offers were rejected and the case proceeded to pretrial hearings. During a skilled cross examination of the arresting officer, Mr. Greenberg elicited that other than the failure to signal, he had no reason to pull over our client. The police officer admitted that our client was not swerving, that our client did make a proper stop at a stop sign and that other than failing to signal, the “Defendant was driving in a reasonable and prudent manner”. That language is critical because the burden of proof in a drunk driving case is that due to alcohol consumption a person is incapable of driving a vehicle in a “reasonable and prudent manner”. After legal briefs supporting the dismissal were filed, on the next court date the District Attorney stood up and dismissed the case outright, not even waiting for the Judge’s decision! This case illustrates how a skilled Criminal Defense attorney, knowing exactly what questions to ask which will elicit the proper responses, can win a case at the pre-trial hearing stage. If you are arrested and charged with DWI, or any crime, for the best result call Criminal Defense attorney Todd Greenberg at 718-268-0400 or visit us at www.addabboandgreenberg.com.

After a two-week trial, a Nassau County Jury found our client “Not Guilty” of Driving While Intoxicated. The defendant was stopped on her way to North Shore University Hospital for driving erratically while going to see her husband who got sick earlier in the evening and was rushed to the hospital. When stopped, the police officer said that the vehicle smelled from alcohol and that the defendant stated that “She was drinking vodka all night. According to the police officer, she failed the field sobriety test given at the scene and she refused the breathalyzer at the precinct. Nassau County Criminal Defense attorney Todd Greenberg argued to the jury that the defendant was lost and not driving erratically and that she said she had “One vodka earlier in the night”. After deliberating for two (2) days, the jury rendered a “Not Guilty” verdict for the crime of Driving While Intoxicated but did find the defendant “Guilty” of Driving While Impaired, a Violation and not a crime. Significantly, a motion to vacate the conviction to Driving While Impaired is being prepared in that the presiding judge wrongfully excused a juror without making the detailed inquiry required by the Criminal Procedure Law. Once again, based on the hard work and experience of criminal defense attorney Todd Greenberg, our client avoided a criminal record. Further, the fight continues in our attempt to get the Driver While Impaired dismissed! If you are charged with Driving While Intoxicated (DWI), Driving Under The Influence (DUI) or any crime, call attorney Todd Greenberg for the best result at 718-268-0400 or visit us at www.addabboandgreenberg.com.

Many times in a criminal case, it is better to do nothing and wait. That is the advice that New York Criminal Defense Attorney Todd Greenberg gave his client in a DWI case in Suffolk County, which resulted in a dismissal of all charges based on a Violation of the Defendant’s Speedy Trial Rights. The Defendant was arrested on July 6 th, 2013 and charged with Two Counts of Driving While Intoxicated based on alleged erratic driving, statements made and a reading of 0.16% on the Breath Test. A motion to suppress statements was held on July 8, 2014 and the Motion was granted whereby a statement made by the Defendant was suppressed based upon a Violation of her Constitutional Rights. The Judge then marked the case for trial and advised that the defense would get a date in the mail to appear for jury selection. However, that date never came. Our client was anxious to resolve the case and insisted that Mr. Greenberg contact the Court so that the matter can be resolved. Based on his extensive experience in the criminal justice system, Mr. Greenberg urged the client to sit tight and not say a word and allow the time to accumulate. Although the client kept requesting a resolution, Mr. Greenberg prevailed and the client waited for that trial date. Eventually, on June 16 th, 2916, a little shy of two (2) years, Mr. Greenberg received a notice that the case will appear for trial. Too late! Mr. Greenberg filed a Motion to dismiss based on a violation of the Defendant’s Statutory and Constitutional Right to a Speedy Trial which was granted in its entirety and the case was dismissed on September 13, 2016. An experienced criminal attorney not only knows how to fight a case in Court, but also knows when to remain silent when it is to the advantage of a client. Call Queens Criminal Defense Attorney Todd Greenberg for help if needed. 718-268-0400, www.addabboandgreenberg.com.