On December 7, 1988, the Court issued a subpoena duces tecum directing the New York State Police to produce a State Police Breath Test Operator’s Training Course Manual and specifically that edition which was used to train a Trooper who was first certified as a breathalyzer test operator on February…
On January 26, 2011, a man was charged with five criminal counts including, driving while intoxicated (count one), resisting arrest (count two), harassment in the second degree (count three), parking upon pavement (count four), and possession of open containers in a motor vehicle (count five). He moved for suppression of…
The defendant was arrested and charged with Common Law Driving While Intoxicated and Failure to Produce License, on October 30, 2005 at 8:43 A.M. Later that morning he was arraigned and judge suspended the defendant’s driver’s license for failure to submit to the breathalyzer test. Finally, the court set bail…
One day, a DWI roadblock, indicated by signs, was set up by a uniformed police unit. All vehicles proceeding through the roadblock were stopped. Each driver was then approached and asked how they felt. The vehicle operated by the defendant was driven into this initial area in a normal manner…
At approximately 14 minutes past midnight on March 6, 1999, Rochester Police Officer KB was on routine patrol on Lyell Avenue when he first observed a known male prostitute enter defendant’s red pickup truck which was parked in a nearby parking lot. When the vehicle exited the parking lot, Officer…
The accused woman appeals from a judgment convicting her, after a nonjury trial, of two counts of driving while intoxicated (DWI) as a misdemeanor and refusal to submit to a field screening test. She was arraigned in Sylvan Beach Village Court on two counts of DWI as a misdemeanor. A…
On July 8, 2005 at approximately 2:00 A.M., the defendant was driving northbound on State Route 78 (South Transit Road) in the Town of Lockport and was stopped by a New York State Trooper. The trooper was on routine patrol with Trooper Middlebrooks when the defendant pulled out of a…
On February 16, 2004, respondent BT was arrested in the vicinity of 118th Street and Second Avenue as he exited his 2000 Lexus. He was charged with criminal felony possession of a controlled substance with intent to sell, felony possession of more than 16 ounces of marijuana, and misdemeanor possession…
The defendant is charged with violating five sections of the New York State Vehicle and Traffic Law. Two of the violations—of section 1192 (2) and (3), driving while intoxicated (per se) and driving while intoxicated (common law), respectively—are unclassified misdemeanors, and are therefore crimes. The simplified traffic information charging these…
The Facts of the Case: On 11 October 1988, the petitioner was charged in the circuit court with three traffic-related offenses. One of the charges was for DUI in violation of the Florida Statutes, to wit: that any person who is convicted of a fourth or subsequent DUI violation is…