Our Recent Success
The criminal defense team of Andrew Proto and David Sachs successfully litigated a DWI refusal misdemeanor charge first at a DMV refusal hearing followed by a not guilty verdict in the North Salem criminal court.
The firm’s client while traveling on I-684 in the Town of North Salem was stopped for driving while intoxicated (DWI) and refusal to submit to a breath test. The client was facing the loss of employment, driving privileges, and automobile insurance and faced significant criminal penalties including up to one year in jail and three years of probation with an ignition interlock device.
The client wanted an aggressive defense with a legal strategy to prevent a criminal conviction and loss of license. The District Attorney’s office suggested resolving the matter by a plea bargain but the conditions, including a SCRAM ankle monitoring system, was not acceptable to the client.
First, criminal defense attorney David Sachs litigated the validity of the refusal before an Administrative Law Judge at the New York State Department of Motor Vehicles. At the refusal hearing, Attorney Sachs argued that the DWI refusal warnings given by the State Trooper were insufficient including the timing of the refusal warnings.
The client testified that there was no actual refusal and it was overheard that the breathalyzer was not operating. Based upon the testimony of the client and Attorney David Sachs legal argument the client avoided a one-year mandatory revocation of New York driving privileges. The Judge decided that there was insufficient evidence of a refusal. David Sachs’ victory at the refusal hearing made sure the client was still on the road driving without restriction.
The second component of the case was the DWI trial on the misdemeanor charge, in the Town of North Salem Criminal Court. Criminal Defense attorney Andrew Proto conducted the trial. During the trial evidence of the refusal hearing decision was submitted to the Court with a transcript of those proceedings. This was significant as the Client’s sworn testimony was presented to the judge blocking cross-examination by the prosecution at trial.
Further, the Court now knew that the DMV determined there was insufficient evidence of a chemical test refusal. In addition, the State Trooper was cross-examined regarding the nature of the stop of the client’s vehicle, field sobriety tests, statements, and the alleged refusal. Importantly the State Trooper was cross-examined regarding her impression of intoxication as opposed to impairment only. Inconsistencies in the Trooper's testimony were key for the defense.
After deliberation, it was found the prosecution failed to prove the client was Driving While Intoxicated (DWI) beyond a reasonable doubt. The entire misdemeanor charge was dismissed.
The client was thrilled to have two very important victories that saved the client from any criminal consequences and a one-year driver’s license revocation.
Contact Us Today
If you are charged with DWI in North Salem or in any court in Westchester County call the criminal defense team of David Sachs and Andrew Proto. Both these attorneys are former Westchester County prosecutors and published authors in the area of criminal defense and DWI defense. They regularly appear in all the Westchester County Criminal Courts.
Andrew Proto and David Sachs offer a free initial DWI consultation. Their offices are conveniently located in White Plains and downtown Peekskill. Call today at (914) 946-4808.