Trooper Has Client Under Arrest For “Dwi” Move Car! Dwi Charges Dismissed!
October 9, 2017
A Nassau County District Court Judge dismissed a DWI case prior to trial on Motion of Criminal Defense Attorney Todd Greenberg on the ground that the District Attorney of Nassau County failed to be ready for trial within the appropriate time limit. The Defendant in this case had a prior attorney who was urging her to plead guilty. Mr. Greenberg immediately advised the District Attorney that there would be no plea in this case. The reason was simple: it was alleged that our client, on Thanksgiving Day 2015, was in a car accident on the Southern State Parkway wherein she was struck from the rear and did not cause the accident. Upon the police arriving, they smelled alcohol on our client’s breath and she advised that she was at Thanksgiving dinner with her family and during the course of the day had three (3) glasses of wine. She blew a 0.08% of Blood Alcohol Content on a breathalyzer machine which is the exact legal limit for Driving While Intoxicated. During pretrial hearings regarding her statement, Mr. Greenberg elicited this astonishing fact: the police officer placed our client in the back of the police car in handcuffs, but since the Trooper did not know how to drive a stick-shift he removed our client from the car, removed her handcuffs, and told her to move the car, which she did! How could an officer say that a person was so Intoxicated that she could not operate a vehicle as a reasonable and prudent person, which is the legal standard, yet hand her the keys to the car on the crowded Meadowbrook Parkway to move the car. Although Mr. Greenberg was anxious to take this case to a Jury, he insisted in having a trial and, eventually, after the People kept stating they were not ready for the trial, the case was dismissed on Constitutional Speedy Trial grounds. If you find yourself charged with DWI or any serious crime, hire an attorney that does not immediately jump into a plea deal but prepares the case and has the knowledge and experience to take cases to trial. Call Criminal Defense Attorney Todd Greenberg at 718-268-0400 or reach us at www.addabboandgreenberg.com.