Prior results do not guarantee a similar outcome.
In November, 2012, Firm Attorney was able to secure a dismissal of all charges against his client who originally was charged with two misdemeanor counts of Driving While Intoxicated, and the two traffic violations of turning without using a signal and failure to keep right. The client was arrested in April, 2011. After numerous court appearances and conferences, firm attorney was able to cross examine the New York State Trooper at a suppression hearing. As a result of that hearing, a Town of Blooming Grove judge ruled that the stop of the defendant’s motor vehicle was improper and unwarranted, and all evidence derived from the stop was suppressed. The breath test, which alleged the client had a .14 B.A.C., as well as the results of three field sobriety tests (Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand), and all of the trooper’s observations regarding alleged indicia of intoxication were suppressed and could not be utilized by the prosecution. With the evidence suppressed, the prosecutor had no choice but to dismiss all the charges. The accused, if convicted of all four charges faced the possibility of up to 1 year incarceration in the County Jail or 3 years probation, thousands of dollars in fines, approximately $1,000 in mandatory court surcharges, approximately a $1,000 civil penalty through the NYS DMV, a six-month revocation of his driver’s license, the requirement that he install an Ignition Interlock Device on any car he owns or operates, and a significant increase in his car insurance, as well as any treatment programs that would be required by the Court.
We successfully earn a dismissal of DWI charges for our client on the grounds that they shouldn’t have been pulled over. This article is brought to you by Larkin, Ingrassia & Tepermayster, LLP.