Suppression of Statement Granted in DWI Case Without Attorney Saying One Word
July 11, 2014
An incriminating statement by a motorist who was arrested for DWI was “Suppressed” and the District Attorney of Suffolk County is barred from using the statement at trial. A good lawyer knows the law and how to cross-examine a witness. A great lawyer knows when to say nothing and rest on the weakness on the evidence presented by the District Attorney. That is exactly what happened when attorney Todd Greenberg did not cross-examine the arresting officer in a drunk driving case during a pretrial hearing involving the voluntariness of the statement. The motorist allegedly told the arresting officer, after being stopped, that “I had two beers and a red bull with Hennessey”. At the Huntley/Dunaway Hearing, the District Attorney meticulously took the arresting officer through the facts to show probable cause. However, the District Attorney never elicited the statement for which the Defendant was given Criminal Procedural Law §710.30 Notice, but elicited an entirely different statement. Instead of cross examining the officer to allow him to correct himself, criminal defense attorney Todd Greenberg decided not to ask any questions and argued to the Suffolk County District Court Judge that the District Attorney failed to meet the Burden of Proof at this Hearing. MOTION GRANTED! The Judge ruled in the Defendant’s favor, suppressing the alleged statement, giving the Defendant an extremely better chance to prevail at trial. Extensive knowledge of the law by the attorneys at Addabbo and Greenberg once again resulted in an extremely favorable result. For the best results possible in your unfortunate situation, contact Criminal Defense Attorney Todd Greenberg.