On January 22, 2007 a Criminal Court Judge granted the Trial Motion of Todd D. Greenberg to dismiss Drunk Driving charges against the Defendant granting a Trial Order of Dismissal. Mr. Greenberg argued that under the New York State Vehicle and Traffic Law a person must be “actually impaired” to the extent that his “physical and mental ability” which such person is expected to possess in order to operate a vehicle, were impaired. The trial testimony was that the Police Officer pulled the Defendant over for a defective light, having nothing to do with the ability to drive. Further, although the Police Officer testified that the Defendant had an alcohol smell on his breath and blood-shot and watery eyes, the testimony elicited during Court Examination was that the defendant’s speech was clear and his balance was stable. The Judge granted the Defense Motion to Dismiss the case after the People presented their evidence based on the lack of evidence that the Defendant was “actually impaired”.
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