DWI CHARGES DISMISSED

Prior results do not guarantee a similar outcome.

Michael Collado obtained a dismissal of all charges in a DWI prosecution on behalf of his client in the City of Middletown Justice Court.

Mr. Collado’s client was arrested and charged with Driving While Intoxicated after police detained his vehicle roadside for swerving within his lane of travel and driving on the shoulder of Dolson Avenue. At a pretrial suppression hearing Mr. Collado was able to get the arresting officer to concede that with the exception of the above, he saw nothing else unusual or improper with the motorist’s driving. After the hearing, Mr. Collado argued to the court that swerving within one’s own lane is not unlawful in itself and that crossing the white fog line and driving on the shoulder of Dolson Avenue was not a violation of New York State Vehicle and Traffic Law. The judge agreed and ruled that as the motorist should never have been detained, his statements made to the arresting officer, as well as evidence of his performance on Field Sobriety Tests and the results of his breath test should be suppressed and could not be used against him at trial. Based on the court’s decision, all charges were dismissed.