New York Criminal Lawyer Blog
The defendant in this case is charged with a DWI and violation of vehicle and traffic laws. A hearing was ordered by the court to determine if the blood test obtained from the defendant had led to the violation of vehicle and traffic laws.
The police officer who arrested the defendant was named the witness in the hearing. There were no witnesses for the side of the defendant. The court heard the testimony of the witness and examined the evidence presented before it.
According to a New York Criminal Lawyer, after the witness had testified, the court has found the witness to be credible since the witness is a veteran police officer. On the day of the arrest, the officer was on his usual patrol when he received a report concerning a vehicle accident. He arrived at the scene and found the two cars involved in the accident. He noted that one car had attained damages on its rear end. The other car had damages at the front. The police officer chose to approach the car with the front damage. The driver of the vehicle was the defendant in this case.
A Staten Island Criminal Lawyer said the officer proceeded to ask the condition of the defendant and inquired about the cause of the accident. According to the defendant, he was driving his car along the road when he hit another car. The police officer noted during that time that the defendant had glassy and bloodshot eyes. The defendant also had slurred speech when he spoke. The officer also noticed that a hint of alcohol seemed to come from the vehicle.
It was during this time that the officer had asked the defendant if he had drank recently. The defendant admitted that he did take alcoholic drinks. When the police officer asked the defendant to step out of the vehicle, the officer noticed that defendant had difficulty maintaining his balance. The officer concluded that the defendant was driving while intoxicated. He arrested the defendant and had him tested at a medical center.
According to his statement, the police officer called the highway patrol to request for the blood kit to be taken to the defendant. He made the call while they were on their way to the hospital. The blood kit was needed to take a sample of the defendant’s blood. A blood sample was needed to detect the presence of alcohol in the bloodstream. An emergency room nurse was requested by the police to take a blood sample from the defendant. The sample was sealed and placed inside the box of the blood kit.
Based on witness testimony and the evidence presented in this case, the court has determined that there were sufficient grounds in which the police officer had acted on the defendant. The court noted that the officer responded to a radio report regarding the accident. It was the police officer’s duty to respond to a road accident and provide assistance if needed. It was also his job to assess the situation including observing the behaviour of the vehicle driver. Since it was the defendant’s car that had the front damage, it was clear that the defendant had caused the accident. The defendant himself admitted to the officer that he had been drinking. This explains the accident since he was driving while intoxicated.
It was also clear to the court that the defendant showed the usual signs of intoxication. This is direct evidence that the defendant had been drinking. Other signs include the difficulty in maintain body coordination and the smell of alcohol on his car. The officer had established probable cause in light of the evidence presented.
The statements given by the defendant including his admission that he was drinking were given in his own free will. Therefore, the court has decided to deny the motion filed by the defendant to suppress the statements. However, the defendant’s motion to suppress the blood sample results was granted due to the unclear identity of the individual who drew the blood sample.
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