DWI Charges Dismissed Prior to Trial Based on Pre-Trial Hearing Testimony
Knowledge of the Driving While Intoxicated Laws, as well as extensive preparation and cross-examination at a Pre-Trial Hearing, has resulted in a dismissal of all Driving While Intoxicated charges against Addabbo and Greenberg’s Client. The allegations were that the Defendant failed to signal when entering into traffic from a parked position and the police observed the Defendant to be in an intoxicated condition. In addition, the Defendant refused to take a Breath Test and made the statements “I had two beers prior to driving.” The New York Court of Appeals, People v. Cruz , defined intoxication as “…a greater degree of impairment which is reached when the driver has voluntarily consumed alcohol to the extent that he is incapable of employing the physical and mental abilities which he is expected to posses in order to operate a vehicle as a reasonable and prudent driver.” Knowing the law, at a Pre-Trial Hearing, Attorney Todd Greenberg elicited during cross-examination the following testimony of the arresting officer: “that the motorist was proceeding in a normal fashion after pulling out from the curb;” that the police officer did not observe the motorist passing over a yellow line;” “that the motorist did not strike any vehicles;” “that the motorist complied with the Police Officer’s directions to pull over;” ” that the motorist did not fumble any papers while looking through his wallet to get his license;” “that the motorist did not stumble out of his car and got out of his car as a ordinary and reasonable person;” “that the motorist followed all of the police instructions.” The bottom line is that at the Pre-Trial Hearing it was established that the Defendant was operating his vehicle as a “reasonable and prudent person” would. Based on experience, knowledge of the Law and a planned cross-examination, a client of Addabbo and Greenberg had his DWI case dismissed prior to Trial.