Driver Found “NOT GUILTY” Of Aggravated Vehicular Homicide And All Related Intoxication Charges
After a one month Jury Trial in Brooklyn that presented expert toxicology testimony by the District Attorney, attorney Todd Greenberg’s client was found “NOT GUILTY”of Aggravated Vehicular Homicide and all Intoxicated related charges. It was alleged that the Defendant, after consuming one 23oz. can of Four Loko (equal to between 4 to 6 beers), sped down Ocean Avenue at 65 miles per hour while drag racing with two other cars, passing red lights, and causing a fatality and a serious physical injury to his passenger. The cross-examination of the prosecutions’ expert by Mr. Greenberg caused the Jury to totally disregard the Toxicologist’s testimony that at the time of the accident the Defendant’s Blood Alcohol Concentration was between 0.08% and 0.09% and that he was Intoxicated. The Jury rejected the Intoxication evidence entirely which was a major victory for the defense. The offer before Trial was eight and one third to twenty-five years which was rejected. Although the Defendant was found “not guilty” of Aggravated Vehicular Homicide and related charges, he was found guilty of recklessly causing the death of another, Manslaughter in the Second Degree. Due to the hard work, knowledge of blood alcohol content issues and the trial skills of defense attorney Todd Greenberg, the Defendant was acquitted of the most serious charges against him and his potential prison sentence was greatly reduced.