Oct 18, 2006

On October 18, 2006, the Defendant, our client, was acquitted by a Queens Jury of Driving while Intoxicated. The Defendant refused the Breathalyzer Test and the Police Officer said he observed the Defendant swerving over a yellow divider and, when stopped, smelled alcohol on his breath and had blood-shot eyes. The evidence revealed that the Defendant’s balance, speech and appearance, along with his attitude were normal. The Defense was able to argue that the mere smell of alcohol does not mean a person is driving while intoxicated to the extent necessary to make a person guilty of that crime. Additionally, with regard to the blood-shot and watery eyes, the Defendant was exhibited to the Jury during the trial to show that his eyes were blood-shot all the time. In a discussion of the case with Jurors after the not-guilty verdict, the Jurors said the District Attorney did not present enough evidence of Defendant’s guilt to establish guilt beyond a reasonable doubt – exactly the argument made by Attorney Todd Greenberg.