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DWI Charges Dismissed – Sometimes The Best Strategy Is “not” To Have Your Day In Court!

September 14, 2016

Many times in a criminal case, it is better to do nothing and wait. That is the advice that New York Criminal Defense Attorney Todd Greenberg gave his client in a DWI case in Suffolk County, which resulted in a dismissal of all charges based on a Violation of the Defendant’s Speedy Trial Rights. The Defendant was arrested on July 6 th, 2013 and charged with Two Counts of Driving While Intoxicated based on alleged erratic driving, statements made and a reading of 0.16% on the Breath Test. A motion to suppress statements was held on July 8, 2014 and the Motion was granted whereby a statement made by the Defendant was suppressed based upon a Violation of her Constitutional Rights. The Judge then marked the case for trial and advised that the defense would get a date in the mail to appear for jury selection. However, that date never came. Our client was anxious to resolve the case and insisted that Mr. Greenberg contact the Court so that the matter can be resolved. Based on his extensive experience in the criminal justice system, Mr. Greenberg urged the client to sit tight and not say a word and allow the time to accumulate. Although the client kept requesting a resolution, Mr. Greenberg prevailed and the client waited for that trial date. Eventually, on June 16 th, 2916, a little shy of two (2) years, Mr. Greenberg received a notice that the case will appear for trial. Too late! Mr. Greenberg filed a Motion to dismiss based on a violation of the Defendant’s Statutory and Constitutional Right to a Speedy Trial which was granted in its entirety and the case was dismissed on September 13, 2016. An experienced criminal attorney not only knows how to fight a case in Court, but also knows when to remain silent when it is to the advantage of a client. Call Queens Criminal Defense Attorney Todd Greenberg for help if needed. 718-268-0400,