On March 18, 2009 immediately prior to trial, the Queens District Attorney dismissed all DWI charges against the Defendant who was permitted to enter a plea of guilty to the Traffic Infraction of failing to signal. The Defendant was arrested and charged pursuant to VTL §1192.3, Operating a Motor Vehicle while under the Influence of Alcohol, a Misdemeanor. It was alleged that the Defendant failed to signal while making a right turn and then drove over double yellow lines. When stopped by the Police, it was alleged that he was intoxicated in that he had a strong odor of alcohol beverage on his breathe and blood-shot watery eyes. The Intoxilyzer exam was refused. At a pre-trial Hearing in this matter, the Police Officer testified that he observed the Defendant for at least three blocks before being pulled over. During cross-examination, Attorney Todd Greenberg elicited from the Police Officer that the Defendant was operating the vehicle in a “regular and prudent manner”, for that three blocks, which considerably weakened the District Attorney’s case. This case is an example of how important proper Legal representation is from the inception of a Driving While Intoxicated case and having experienced counsel at Pre-Trial Hearings.
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