Driving While Intoxicated Charge Dismissed on Motion of District Attorney After Pre-Trial Hearings!
April 21, 2017
Our client was arrested and charged in Queens County with the Misdemeanor crime of Driving While Intoxicated. The Police alleged that our client was operating his vehicle when he failed to signal and, thereafter, he was observed to have “bloodshot watery eyes” and a “a strong odor of an alcoholic beverage on his breath”. Upon advice of Criminal Defense attorney Todd Greenberg, all plea offers were rejected and the case proceeded to pretrial hearings. During a skilled cross examination of the arresting officer, Mr. Greenberg elicited that other than the failure to signal, he had no reason to pull over our client. The police officer admitted that our client was not swerving, that our client did make a proper stop at a stop sign and that other than failing to signal, the “Defendant was driving in a reasonable and prudent manner”. That language is critical because the burden of proof in a drunk driving case is that due to alcohol consumption a person is incapable of driving a vehicle in a “reasonable and prudent manner”. After legal briefs supporting the dismissal were filed, on the next court date the District Attorney stood up and dismissed the case outright, not even waiting for the Judge’s decision! This case illustrates how a skilled Criminal Defense attorney, knowing exactly what questions to ask which will elicit the proper responses, can win a case at the pre-trial hearing stage. If you are arrested and charged with DWI, or any crime, for the best result call Criminal Defense attorney Todd Greenberg at (718)268-0400 or visit us at www.QueensLaw.com.