DWI Charges Dismissed Due To Unlawful Stop

Prior results do not guarantee a similar outcome.

In December of 2015 John Ingrassia was able to obtain a dismissal of all charges against his client after he successfully argued to a Judge after a suppression hearing that the police did not have a lawful basis to stop his client's motor vehicle. His client was charged with DWI in an Orange County Justice Court. Mr. Ingrassia's cross examination of the arresting trooper established that his client's vehicle crossed over the white fog line which separates the driving lane from the shoulder. As a result Mr Ingrassia successfully argued to the Court that based upon established case law such conduct is not a violation of the vehicle and traffic law and as a result, because the initial stopping of his client's vehicle was unlawful, then all evidence resulting from that unlawful stop (including his client's breath test result) must be suppressed. As a result the Court dismissed all charges. Mr. Ingrassia's client held a Commercial Driver's License (CDL) and faced a 12 month revocation of that license had there been a DWI related conviction.