DWI Defense Attorneys Andrew Proto and David Sachs recently had all DWI and Speeding charges dismissed in the Town of North Salem after trial.
The client is a resident of the State of Connecticut and was driving on I-684 when the client was pulled over for speeding 97 miles per hour. Once the client (motorist’s) vehicle was pulled over a DWI investigation was conducted by the New York State Trooper. The Trooper suspected the motorist was intoxicated and ultimately arrested the motorist for DWI under New York State VTL 1192.3. After the motorist was taken back to the State Police Barracks the motorist refused to take a chemical test to determine a Blood Alcohol Content (BAC) level.
After extensive negotiations with the Westchester County District Attorney’s Office, the motorist elected to proceed to trial. The District Attorney’s sole witness was the State Trooper.
The DWI Evidence at Trial
The State Trooper testified that the motorist failed three Field Sobriety Tests (FST). This included the Horizontal Gaze Nystagmus (HGN) test, Walk and Turn test and the one Leg Stand test. The Trooper testified that he observed certain “clues” that were indicative of intoxication. In addition, the Trooper testified that the motorist did not cooperate with the roadside Portable Breath Test (PBT) and refused the chemical test at the State Police Barracks. Lastly, the Trooper testified that in his opinion the motorist was intoxicated.
The Cross Examination of the State Trooper
Upon cross examination by DWI defense attorney Andrew Proto, the Trooper changed his testimony calling into question the conduct of the Trooper and the thoroughness of the DWI investigation. Attorney Proto argued the motorist was sober but the subject of a biased and inadequate DWI investigation and arrest by the Trooper.
The Trooper admitted that he had not instructed the motorist, pursuant to the National Highway Traffic Safety Administration (NHTSA) rules and training, regarding how to properly conduct the Horizontal Gaze Nystagmus Test and that he improperly administered the HGN Test.
The Trooper admitted on cross examination that his testimony regarding the Walk and Turn test was inaccurate. The Trooper inaccurately increased the number of “clues” he observed. Upon cross examination the number of “clues” was admittedly lower.
The Trooper admitted on cross examination that his testimony was inaccurate as to the One Leg Stand Test. The Trooper testified that the motorist’s foot was lowered but upon cross examination the Trooper admitted that was not true.
The Trooper also failed to present any calibration records for the radar gun to prove speeding 97 miles per hour. Upon cross examination, the speed as set forth by the radar gun was called into doubt and was objected to by the defense.
The Trooper admitted that the motorist had requested a lawyer before submitting to the chemical test and although a telephone call, no further efforts were made to secure an attorney.
Lastly, The Troopers credibility was attacked by challenging the Trooper as to multiple complaints made by other motorists against him for unprofessional conduct.
The DWI Defense
The defense’s case relied upon the testimony of two witnesses who were with the motorist just prior to the arrest and stated that the motorist was sober after consuming only one drink hours before the arrest. The motorist also testified as to sobriety and the frustration of a rushed DWI investigation. The motorist testified that it was clearly a “railroaded” DWI investigation.
The defense multiple times directed the Judges attention to the body camera/video of the Trooper at the time of arrest, citing that any reasonable person observing the motorist could only reach one conclusion, that the motorist was totally sober.
The Verdict
The North Salem Judge found the motorist not guilty of all charges. This included Speeding 97 miles per hour and Driving While Intoxicated. The client was thrilled to be cleared of all charges.
Upon the acquittal, DWI Attorney Andrew Proto, made a motion to the Court to have the arrest sealed under New York State law, thereby preventing disclosure of the arrest to the States of New York, Connecticut, all insurance companies, licensing agencies and potential employers. The motion to seal the arrest was granted by the Court.
The Best DWI Defense
With over 24 years of experience, DWI defense lawyer Andrew Proto, knows the best defense is proper preparation. Each case is an individual fact and circumstances and the best defense lies with preserving evidence, interviewing witnesses, attacking the District Attorney’s proof and witnesses to fight for the best result for each client.
DWI Lawyers at Proto, Sachs & Brown, LLP
The DWI team of Andrew Proto and David Sachs have a combined over 50 years of experience. Working together they are able to provide in depth DWI representation and strategize for the best defense possible.
In New York State, DWI can have serious legal consequences. We can help. We have vast experience in the practice of DWI and criminal defense law, and have obtained numerous “not guilty” verdicts for our clients.
If you or a loved one has been arrested for DWI or a related offense, you have come to the right place. Our New York criminal and DWI defense lawyers are strong advocates for client rights and have the knowledge and legal skill required to help you reach a positive case outcome even in the face of the most serious charges.
Feel free to contact our office for a free initial consultation by email or by calling (914) 946-4808. Our offices are conveniently located in White Plains and Cortlandt Manor.