People v. H.S.
Jun 06, 2012OUTCOME: Dismissed
Client charged with Driving While Intoxicated (DWI) and alleged to have refused to submit to a breath test to determine his blood alcohol level. At trial, he was found not guilty of DWI and convicted ... of the lesser included offense of Driving While Ability Impaired by Alcohol (DWAI.) Upon appeal, the New York State Court of Appeals (18 N.Y.3d 544) held the evidence that the defendant refused to submit to a chemical test to determine his blood alcohol level was not admissible and that the admission of such evidence mandated the reversal of his conviction for DWAI. The case was then remanded back to the Town of Orangetown Justice Court for a new trial on the DWAI charge. Once returned to the Justice Court, and in light of the holding of the Court of Appeals, the case was dismissed by the prosecution.
