From DWI Refusal to a Parking Infraction
Our client was parked in his car in Bay Ridge, Brooklyn at approximately 2 am. The car’s engine was not running, but the auxiliary functions were running using a keyless system. He was talking on his cell phone while it was plugged into the car’s lighter charging. Two police officer’s from Brooklyn South Task Force approached his parked car, shoved a hand held breathalyzer device in his face and ordered him to blow into it. He refused to do so, since had did not drive the car at all that day and felt the action of the police were unjustified. Our client was arrested and charged with VTL 1192.2 and 1192.3 (both misdemeanors) for refusing the breathalyzer test and spent the next day going through the system. When we spoke with the District Attorney, the initial plea offer was to plead guilty to the top charge, which would mean our client would have a criminal record and would have to install an interlock device on his car. We were able to convince the District Attorney to lower the charge to an illegal parking infraction. Our client paid a small fine, his driver’s license was re-instated and his criminal record is clear!