People v. S.T.
Dec 10, 2013OUTCOME: misdemeanor common law driving while intoxicated--NOT GUILTY; misdemeanor per se driving while intoxicated--NOT GUILTY
Following a blind-spot motor vehicle accident on a major divided expressway, our client was charged with misdemeanor common law driving while intoxicated, misdemeanor per se driving while intoxicated a ... nd unsafe lane change. At trial, the prosecution called two police witnesses and two civilian witnesses. Although a breath test returned a blood alcohol content of 0.13%, our client nonetheless was found not guilty of misdemeanor common law driving while intoxicated [VTL § 1192(3)] and not guilty of misdemeanor per se driving while intoxicated [VTL § 1192(2)]. Our client was merely found guilty of the non-criminal traffic infraction driving while ability impaired by alcohol [VTL § 1192(1)] and unsafe lane change. This unfortunate incident was our client's first criminal arrest, and by beating both criminal misdemeanor driving while intoxicated charges at trial, we saved our client from being stuck with a life-long criminal record. Moreover, because our client was acquitted of the top two misdemeanor charges, we also avoided the severe sanctions and penalties that follow a misdemeanor driving whole intoxicated conviction [i.e., exorbitantly high fines, one year license revocation, one year ignition interlock device, and the potential of probation supervision/jail time]. After trial, our client received a fine and 90 day license suspension.
