Breath Test Result Of .19% Suppressed In Dwi Case On Ground That Defendant’s Right To Counsel Was Violated
On July 8, 2013 a Queens Criminal Court Judge granted the motion of Queens Criminal Defense Attorney Todd D. Greenberg to suppress the results of a breathalyzer on the ground that the Defendant’s limited right to counsel was violated. After a fact finding hearing and legal argument based on extensive research on this issue, the Judge held that Defendant’s right to counsel was violated when the Defendant, at the breath test, stated “I would like a lawyer present”. Attorney Todd D. Greenberg provided case law to the Court that established a limited right to counsel where the Defendant requests counsel. In the case at bar, the Court held that “the Defendant repeatedly attempted to invoked his limited right to counsel by requesting that his attorney be present and police officers (names omitted) ignored these requests.” Once again, based upon knowledge of the law in Driving While Intoxicated cases, a major part of evidence against this Defendant in a Drunk Driving case, which was wrongfully and unconstitutionally obtained, was suppressed. For best results in a criminal case call Todd D. Greenberg, Esq. 718-268-0400.