DWI Charges Dismissed Based On Motion Of Dwi Attorney Todd Greenberg
The Defendant was arrested on July 30 th, 2011 and charged with Operating a Motor Vehicle While Under the Influence of Alcohol. Upon being retained, DWI Attorney Todd Greenberg reviewed the complaint and noticed immediately that it was legally insufficient. Even though the Defendant was in a serious accident, it appeared that he was arrested solely on the ground that he refused to submit to a blood test and made the statement “I had about three beers four hours ago”. After extensive research and the filing of a legal motion to dismiss, DWI Attorney Todd Greenberg urged the Court to dismiss the charges on the ground that the Complaint failed to alleged that the Defendant operated the motor vehicle, there was no indicia or signs of Defendant’s alleged intoxication and, even though the Defendant stated that he had drinks, there was no showing in the complaint that the Defendant’s operation and driving were contemporaneous. On January 12 th, 2012, Judge Lenora Gerald, Judge of the Criminal Court, Queens County, in a written decision, dismissed the DWI charge exactly for the reasons put forth by Mr. Greenberg. Defendant was overwhelmed with joy when the Judge announced, “case dismissed”. Once again, knowledge of the law and the ability to draft a Motion to Dismiss with particularity resulted in a favorable ending for a client who was wrongfully and improperly charged for DWI. Further, a Civil Action for False Arrest is going to be filed against the New York City Police who arrested this Defendant without any indicia of intoxication.