Defendant acquitted by Jury of Driving While Intoxicated – Second arrest by same Police Officer
On December 3, 2007, the Defendant, our client, was acquitted by a Queens Jury of Driving While Intoxicated and Driving While Impaired. The arresting officer testified that he pulled the Defendant over after failing to signal when the Defendant was leaving a parking spot. Although the Police Officer testified that the Defendant had blood-shot eyes, alcohol on his breath and was unsteady on his feet, Defense Attorney Todd Greenberg established that the Defendant was properly operated his motor vehicle for three blocks after the initial observation. Further, the credibility of the arresting Officer was questioned with regard to his personal opinion about drinking and driving. Significantly, on October 18, 2006, the week prior to the arrest in this case, this Defendant was acquitted by a Queens Jury of Driving While Intoxicated. (see below) This case arose when on October 23, 2006, this Defendant was arrested by the same officer who told the Defendant “Let’s see Greenberg get you out of this one”. The Verdict speaks for itself.