Carl Spector, Attorney at Law recently went to trial with a client charged with an aggravated DWI in violation of the New York Vehicle and Traffic Law (VTL) 1192.2 (2-a). After months of court appearances in the Nassau County, New York District Court the prosecutor offered to allow my client to plead guilty to a traffic infraction of driving while ability impaired VTL 1192.1.
My client refused the offer and the case went to trial.
On day one we selected a jury. On day two the prosecutor presented several witnesses including a police officer that assisted in the arrest of my client. On day three the prosecutor called to the witness stand an individual that stated previously in a written statement that my client was the driver of the vehicle involved in the accident.
My client maintained from the beginning of the case and from the moment I meet him that he was not the driver.
After the driver of the other vehicle testified I made a motion to the Judge to dismiss the case due to the fact that the prosecutor failed to establish that my client was the driver of the vehicle. After a long legal argument by me and the prosecutor and after a lengthy period of time that the Judge spent deciding my application to dismiss, the Judge dismissed the Aggravated DWI.