People v. M.S.
N/AOUTCOME: Acquittal- "Not Guilty"
Third drunk driving offense; a conviction would have resulted in state prison time, and almost certain deportation. Police claimed they found him passed out at the wheel of his car in the West Village. ... They claimed the engine was running and the car was facing the wrong way on a one way street. Police claimed he smelled of alcohol, had slurred speech, bloodshot eyes, was unsteady on his feet, and was hostile and combative. Video from the precinct showed him repeatedly cursing at the police, slurring his words and refusing to take a breathalyzer test. He was taken to the hospital where he urinated on himself and was diagnosed with "alcohol overdose" and "alcohol poisoning". Careful exploitation of pretrial testimony and a close parsing of the medical records, along with expert medical testimony offered by the defense, allowed SGB to undermine the officers' credibility and argue the defendant was not operating the vehicle, and was arguably not intoxicated by alcohol, which was an element of the offense he was charged with. After deliberating for about five hours, the jury returned a unanimous verdict of "not guilty".