Todd Greenberg’s Successful Defense Of A College Student Charged With Dwi And Resisting Arrest Results In Acquittal By Jury.

On June 22, 2007 a Queens jury acquitted our client, a 19-year old college student charged with driving while intoxicated and resisting arrest, which allegedly occurred on April 27, 2006. Out client was a passenger in a SUV when the driver was pulled over and arrested for DWI. According to the Defendant’s testimony at trial, he was asked to step out of the car and while the diver of the vehicle was being arrested, this Defendant was speaking to a Police Officer. Ultimately, after the arrest, that Police Officer gave the Defendant the keys to the driver’s vehicle and told him to move the car. The Defendant proceeded to drive the SUV approximately half a block and was then pulled over by another Police Officer who arrested him for driving while intoxicated and resisting arrest. The Police Officer’s charge of DWI was based upon a strong order of alcohol on the Defendant’s breath and blood-shot, watery eyes. The Police Officer also charged the Defendant with attempting to flee the scene. The Defendant refused to take the Breathalyzer Test and testified that he did not take the test for two reasons: First, after the earlier scenario, he did not trust the Police, which defense attorney Todd Greenberg argued to the jury was quite understandable under the circumstances. Second, the Intoxicated Driver Testing Unit was so filthy that the Defendant would not put his mouth on any instrument. Additionally, the Police did not conduct any Physical Coordination Tests at the IDTU Unit because of a “back log”. During the People’s case, two Police Officers testified that they received 6 hours and 15 hours respectively of overtime based on the arrest of the original driver and this Defendant. Attorney Greenberg argued in his summation to the jury that, if the Police Officers earned 6 and 15 hours of overtime, there should have been enough time to conduct a simple Physical Coordination Test, which testimony revealed takes approximately 20 minutes. Mr. Greenberg argued that the jury was deprived of critical evidence, a videotape of the physical Coordination Test and, after speaking to the Jury after the verdict, the jury confirmed that the Police should have at least taken the 20 minutes to give the Physical Coordination Test.

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