Breathalyzer Results Suppressed;
Police Lacked Probable Cause to Stop Motorist
The Defendant was arrested on April 20, 2006 at 4 a.m. and charged with Driving While Intoxicated. The arresting Police Officer stated that the Defendant’s vehicle was swerving and that the Breathalyzer Test revealed a blood alcohol content of .197%, more than twice the legal limit. At a Pre-Trial Hearing requested by Attorney Todd Greenberg, the Officer testified under cross-examination that the Defendant was “swerving within his lane”. When further cross-examined about how far the car swerved, the Police Officer did not know. The Defense argued that the Police lacked Probable Cause to stop the Defendant because if a person allegedly “swerved within” his lane, he was actually staying within the traffic lanes showing an ability to operate the vehicle. Further, there was no testimony as to how far the car allegedly “swerved”. On January 22, 2008, a Criminal Court Judge of Queens County suppressed the results of the Breathalyzer Test and ruled that the evidence of an alleged blood alcohol content of .197% was not admissible at the trial of this action based upon a stop that was not supported by Probable Cause.
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