After a two-day trial, DWI defense attorney Andrew Proto obtained a not guilty verdict on behalf of a client charged with a DWI Refusal (VTL 1192.3) in the White Plains City Court. The client was thrilled with the verdict as a total vindication against the DWI refusal charge. The client had been charged with DWI after a minor motor vehicle accident in the City of White Plains. The client attempted to take a breathalyzer test but was unable to do so as a result of COVID-19 related breathing complications. After multiple attempts to submit to a breath test, the arresting officer deemed the client’s inability to provide a breath sample a refusal. The client was charged with DWI as a refusal, a misdemeanor.
The DMV Refusal Hearing
At a refusal hearing before a DMV administrative law judge, it was quickly determined that this was not a “true refusal,” and the client’s driver’s license was not revoked for one year but immediately restored. During the refusal hearing, the arresting officer admitted that the client was not trying to “game the system” and had indeed attempted to provide a breath sample. DWI Attorney Proto argued that the court should restore the client’s license based upon the arresting officer’s statements, and the judge agreed.
After DWI attorney Proto’s victory at the refusal hearing, the prosecution would not negotiate a withdrawal or reduction of the charge. The prosecution’s position was that the client should plead guilty to the DWI misdemeanor as charged.
The DWI Trial in White Plains City Court
During DWI Attorney Proto’s cross-examination, the arresting officer admitted that the motor vehicle accident in the case was a minor one. The client displayed little signs of intoxication but could have been impaired by alcohol. During further cross-examination, the arresting officer admitted that the client had no smell of an alcoholic beverage nor slurred speech.
The entire interaction between the White Plains Police and the client was video recorded on the arresting officer’s body camera. The video supported the defense that the client was sober during the interaction with the police.
The defense offered an eyewitness to the events who testified that the client looked sober when he last saw them. He saw the client minutes before the arrest.
Finding a not guilty verdict, the White Plains City Court Judge agreed with the DWI defense in that this was not an actual refusal and should not be treated as such. Further, the judge stated that although the arresting officer testified the client failed three field sobriety tests, only one test was administered correctly.
Based on the evidence presented by the prosecution and the DWI defense, the judge found the client not guilty of driving while intoxicated or the lesser included offense of driving while ability impaired (DWAI) under VTL 1192.1.
This not guilty finding saved the client’s employment and schooling. DWI Attorney Proto worked quickly to provide proof of the not guilty result to the client’s school and employer to avoid the client’s loss of time and money based upon the arrest.
DWI attorney in White Plains, NY
DWI Attorney Andrew Proto is a published author in DWI defense. His strategy of pursuing an aggressive defense with proper trial preparation saved his client’s driver’s license from a DMV driver’s license revocation, and he successfully fought for a not guilty trial verdict.
Contact the Westchester County DWI Lawyers at Proto, Sachs & Brown, LLP
If you are charged with DWI in White Plains or Westchester County, call the DWI defense lawyers at Proto, Sachs & Brown, LLP. DWI lawyers Andrew Proto and David Sachs are former prosecutors and have over 21 years of experience defending DWI cases in the local and county criminal courts. Both felony and misdemeanor DWI charges.
Contact Proto, Sachs & Brown, LLP at (914) 840-5104. We offer a free initial consultation and conveniently located offices in White Plains and Peekskill, New York.