Outcome: DWI Charge Dismissed
Mr. Abate obtained a dismissal of all charges against his client following a trial. The client faced a second DWI offense. In this case, the client returned home for the night and had taken his heart medication, but then needed to run back out. Upon arrival at the scene, the police suspected that this client was driving under the influence of alcohol, with a drug interaction.
Mr. Abate’s client has extensive cervical injuries that were pre-existing, and a gait specialist was hired to rebut the observations of the Officer during the standardized field sobriety tests (SFSTs). Next, Mr. Abate, who has completed certification as a Drug Recognition Expert (DRE), successfully defended the case based on the procedures employed by the Police DRE and State Police crime labs. Finally, Mr. Abate was able to challenge issues of the preservation of in-station video, which ultimately led to suppression of breath tests and a dismissal of all charges against his client.
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