DWI- Drugs Complaint Dismissed Based On Insufficient Pleading
Queens DWI attorney Todd Greenberg obtained a dismissal of a complaint charging Operating a Motor Vehicle While Under the Influence of Drugs based on insufficiency of the Criminal Court Complaint. The complaint alleged that the Defendant was involved in a motor vehicle accident, that the Defendant made an incriminating statement that she was “confused” and the arresting officer stated in the Criminal Court Complaint that he observed the Defendant to have “watery eyes, was excessively talkative, had slurred speech, mismatching stories, and was unable to stand on her own, and was combative”. However, conspicuously absent, and defective to the legal sufficiency of the complaint was any allegation whatsoever that the Defendant ingested a drug, that the drug ingested was prescribed by the Public Health Law and that after ingesting the drug, the Defendant operated a motor vehicle impaired by such ingestion. Indeed, the complaint failed to mention the drug involved! Moving immediately for a dismissal of the complaint based on applicable law, attorney Todd Greenberg was granted a dismissal within one month after the arrest. Further, a Federal Civil Rights suit was instituted for damages for False Arrest and False Imprisonment based on the acts of the police officer in arresting this Defendant without “Probable Cause”. Once again, knowledge of the Law and immediate action in Court has resulted in a dismissal of a DWI charge against our client. Call us. 718-268-0400, www.addabboandgreenberg.com.