Our client was traveling on Route 17 in the Town of Monroe from New York City to visit a friend in the Catskills. He looked down at his phone for directions and hit the car in front of him. When the police officer arrived at the scene of the accident and questioned our client, he detected the smell of alcohol and marijuana. He also observed that our client had glassy eyes and impaired speech. The officer conducted field sobriety tests, which our client failed. A breathalyzer test revealed a blood alcohol content of 0.13%. The elderly female operator of the vehicle that was hit also had significant physical injuries from the accident.

The client was charged with Driving While Intoxicated under Vehicle and Traffic Law §1192.2 and §1192.3. He was also charged with a three point Vehicle and Traffic Law violation of moving from a lane unsafely (§1128(A)), a five point Vehicle and Traffic Law violation of operating a motor vehicle while using a portable electronic device (§1225(D)), and a Penal Law violation for unlawful possession of marihuana (§221.05). The Orange County District Attorney’s Office was also considering presenting the case to the Grand Jury to indict our client on the class ‘E’ felony of Vehicular Assault in the 2ndDegree.

The potential penalties for the compilation of these charges was quite significant, including up to one year in jail, loss of license, the installation of an ignition interlock device, plus court imposed fines and surcharges. The points associated with the charges would also affect our client’s license, as well as insurance surcharges. If indicted by the Orange County Grand Jury, our client could have been sentenced to up to four years in State Prison on the Vehicular Assault felony.

Dismissal of Most Charges and No Jail Time

Our lawyers were able to convince the Orange County District Attorney’s Office to not present the case to the Grand Jury.  They also successfully negotiated the dismissal of the second, more serious DWI charge (for a blood alcohol content of 0.08% or higher), the five point traffic violation (driving while using a portable electronic device), and the charge of possession of marijuana. We persuaded the District Attorney to only charge our client with the misdemeanor DWI charge and the three point traffic violation (moving from lane unsafely). As a result, our client did not receive any jail time or probation supervision. He received a conditional discharge for a period of 12 months, loss of license for six months, the requirement of an interlock device for any car he owns or operates, and court fees and surcharges.

Read more Ostrer & Associates DWI Verdicts and Settlements.