New York Criminal Lawyer Blog
This case is being heard in the District Court of Suffolk County, First District. Judge Salvatore A. Alamia is hearing the case. The plaintiff of the case is the People of the State of New York. The defendant in the case is Colin O’Reilly.
Case Background
A New York Criminal Lawyer said the defendant has been charged with driving while intoxicated, failing to maintain lane violating traffic law 1128, and two counts of failing to stop at a stop sign, violating traffic law 1172.
A Dunaway/Huntley/Mapp and refusal hearing was heard regarding the matter. The hearing was used to determine the evidence that would be admitted during a trial against the defendant. The evidence in question included statements that were allegedly made by the defendant and evidence showing that the defendant refused to submit to a chemical test. Both parties in the case were given the right to submit closing statements.
Case Facts
Officer Talay, is an officer with the Suffolk County Police Department for 20 years and has training and experience in DWI detection and has made over 400 DWI arrests during his career.
On the 26th of June, 2006, Officer Talay was on patrol when at approximately 11:50 p.m. he saw a car in front of him traveling westbound on Route 25 A at a high speed in an area where the speed limit is set at 45 mph. A New York Criminal Lawyer said Officer Talay followed the car attempting to close the gap between the two vehicles. The defendant’s car turned right on Ridgeway Avenue. Officer Talay noticed that the wheels of the car went over the double solid yellow lines on Ridgeway Avenue. The vehicle also went through two stop signs without coming to a stop.
Officer Talay turned on the lights and pulled the vehicle over. He approached the vehicle, which was driven by the defendant, and asked to see his license, registration, and insurance card. The defendant fumbled while retrieving the documents and Officer Talay smelled alcohol coming from the vehicle. Officer Talay asked the defendant if he had been drinking and the defendant stated that he had consumed a few drinks that evening. The officer noticed that the defendant was slurring his speech and that his eyes were blood shot and glassy.
Officer Talay conducted a field sobriety test and the defendant failed each one. He arrested the defendant and took him to the precinct. A New York Drug Possession Lawyer said at the precinct he read the portion of the chemical test request and asked the defendant to submit to the chemical test. The defendant requested to speak with a lawyer. After speaking with his lawyer the defendant refused to take the chemical test.
Court Discussion and Conclusion
When considering the evidence in the case, the first issue is the statement made by the defendant admitting that he had a few drinks. It is found that this evidence is admissible in court as he voluntarily gave this information to the police officer. He was not coerced in any way. His Miranda rights had not been read at this point because it was considered a routine traffic stop for the violations the officer witnessed.
The alcohol screening tests are considered reliable for indication of alcohol on a person’s breath and for establishing probable cause for an arrest. However, a New York Sex Crimes Lawyer said this evidence is not admissible as evidence as it does not show the level of intoxication.
If you have been charged with a crime or are in need of legal advice, contact Stephen Bilkis & Associates. We offer free consultations to discuss your legal rights and options for your case. Our offices are conveniently located throughout New York City.