Attorney Acquitted Of All Criminal Charges Related To Dwi

On March 7, 2007, a judge of the criminal court, Queens County, in a non-jury trial, acquitted a New York attorney of all criminal charges relating to his arrest for driving while intoxicated. The Prosecution presented two Police Officers who testified that at approximately 11:30 a.m. on Woodhaven Boulevard, they approached a scene of an accident. A Porsche creased into two parked cards and found the Defendant, outside the vehicle. The Officers stated that they smelled alcohol on the Defendant’s breath and that he had blood-shot eyes and was unsteady on his feet. The Defendant stated at the scene that he was hit by another vehicle. During cross-examination, Defense Attorney Todd Greenberg established that the Defendant was unsteady on his feet due to the fact that he hit his head on an air-bag that deployed during the accident. Further, pictures and hospital records were introduced which established that the Defendant was taken to the hospital prior to central booking due to a severe eye injury which accounted for his red and blood-shot eyes. Further, during cross examination of the Police Officers, the accident was reconstructed, which was inconsistent with the People’s theory that the Defendant was drunk and merely hit tow parked cards and was consistent with the fact that there was another vehicle involved which would eliminate that issue of erratic driving. The Defendant did not testify. He was convicted of driving while impaired, a violation, not a crime.

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