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Follow on Google News | New York Attorney Mark E. Goidell Obtains Rare DWI Dismissal For ClientBy: The Law Office of Mark E. Goidell May 20, 2013 The Law Office of Mark E. Goidell, a leading New York litigation firm, successfully obtained a rare dismissal of a DWI arrest for its client. The dismissal was ordered after Mr. Goidell convinced the judge at an evidentiary suppression hearing that the evidence against his client was legally insufficient. Mr. Goidell’s client was arrested in Amityville, New York after allegedly being involved in a 2-car accident with an off-duty Amityville police officer. Upon the arrival of an on- duty police officer, Mr. Goidell’s client refused to submit to field sobriety tests and a screening test. He was arrested and transported to police headquarters, where he refused to submit to a breath test to determine his blood alcohol level. Mr. Goidell moved for suppression of the evidence of the observations of the client, his alleged refusals to submit to various tests, and an admission of drinking attributed to him by the arresting officer. The court ordered a hearing. The only witness at the hearing was the arresting officer. He testified that he arrived at the scene, spoke with the off-duty officer, and observed Mr. Goidell’s client situated near a stopped vehicle, which he described in great detail. The officer testified that the defendant reeked of alcohol, could barely stand without falling, and was obviously drunk. The officer then recounted how the defendant refused to submit to physical performance tests and a screening test. After the suppression hearing, Mr. Goidell moved to suppress all evidence, including the various refusals to submit to scene and post-arrest tests and the officer’s observations. The court granted the motion and suppressed all evidence. As a result, the case was dismissed on May 14, 2013. Mr. Goidell argued, and the court agreed, that the prosecution had failed to present evidence of a main element of its case – that Mr. Goidell’s client had been operating a motor vehicle. About the Law Office of Mark E. Goidell: The Law Office of Mark E. Goidell is a New York litigation firm. Located in Amityville, New York, in Suffolk County, the Office represents clients on Long Island and throughout the metropolitan New York area. The firm represents businesses and individuals in a wide range of matters, including commercial disputes and contract claims, business breakups and other business disputes, employment law, benefit claims and workplace discrimination, civil litigation, civil rights litigation, class action lawsuits, criminal defense and white collar criminal investigations, professional licensing and misconduct matters, and appeals. The firm's website is located at www.goidell.com This Press Release may be considered Attorney Advertising. © 2013 The Law Office of Mark E. Goidell For more information, please contact: Arnie Baum Omega Legal Marketing (800) 747-0142 mailto:abaum@ End
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