Successful Case Analysis

Not Guilty - Jury Verdict

Client: 41 year-old truck driver from Westchester County.

Criminal Charges: Operating a Motor Vehicle While Under The Influence of Alcohol (VTL § 1192.3)

Result: “NOT GUILTY” Jury Verdict after a trial in Bronx County Supreme Court.

Bronx District Attorney’s Initial Position: The Bronx County District Attorney’s Office refused to negotiate a plea and recommended jail time to the court. This no plea position was based upon the defendant’s two prior Driving While Ability Impaired by Alcohol (VTL § 1192.1) convictions, and his refusal to submit to a blood alcohol test in this case.

My Office’s Approach: Initial negotiations were attempted with the Assistant District Attorney (ADA) and his supervisor. I had visited the arrest scene a number of times, and it was obvious that the arresting officers could not have made the observations alleged in the Criminal Complaint. The physical layout of the Bruckner Expressway service road, under the elevated highway, prevented it.

The police officers were not being truthful and the case was flawed. Since the DA’s office refused to negotiate, I moved the case to trial.

Final Analysis: I have had significant success over the past 19 years as a defense attorney, forcing prosecutors to do justice. Here the DA’s office took a position that was not supported by the facts.  As a consequence, a successful result could only be obtained by forcing a trial and asking a jury to do justice. The not guilty verdict returned by the jury was appropriate and mandated by the facts. In all respects, a wonderful result for the client and his family.