New York Operating A Motor Vehicle While Under Influence Of Drugs – Dismissed
Our client was charged in New York with VTL 1192.4 Operating a Motor Vehicle While His Ability To Operate Such Vehicle Was Impaired By The Use Of A Drug, in this case Marijuana.
In this case the police had set up a Safety Checkpoint. When our client approached the checkpoint the police officer observed that our client had bloodshot eyes and that there was a strong odor of alcohol coming from our client. The officer reported that he ordered our client out of the car and that our client had bloodshot and watery eyes, was unsteady on his feet and was swaying. A breath test was administered and the results were 0.00%. Our client consented to a urine sample being tested. The results of the urine test were positive for THC Metabolite.
We requested that the Prosecutor turn over to us the video of the field sobriety tests.
After several conversations with the prosecutor and all of the police reports were turned over to us our client turned down an offer to plead guilty to Driving While Ability Impaired. Based upon the proofs provided, we supported our client’s decision to reject the lower offer. On the day the case was in court for hearing and trial the attorneys spoke with the prosecutor again. As a result of that conversation the prosecutor agreed to dismiss the DWI-Drugs and our client plead guilty to disorderly conduct a violation and NOT a crime. There was NOT ANY DRIVERS LICENSE SUSPENSION as a result. Our client did NOT have to do the DDP nor will he be subject to a surcharge or ignition interlock device.