The Law Offices of Robert Schuster Obtains Felony DWI Dismissal for Client in Yorktown, NY

MOUNT KISCO, N.Y. - Sept. 4, 2013 - PRLog -- Westchester County criminal defense firm The Law Offices of Robert Schuster was presented with a particularly difficult task following the firm’s engagement to defend a driver charged with his fourth DWI, where he had two prior DWI convictions. In total, the client was facing five criminal charges, including:

·         Felony Driving While Ability Impaired by Drugs VTL 1192(4)

·         Misdemeanor Driving While Ability Impaired by Drugs VTL 1192(4)

·         Misdemeanor DWI VTL 1192(3)

·         DWAI Driving While Ability Impaired By Alcohol VTL 1192(1)

·         Driving While ability Impaired by Drugs and Alcohol Combined 1192 (4-A)

Despite statements the defendant made to police regarding his consumption of alcohol, and significant amounts of cocaine present in plain view on the front seat of the vehicle, Westchester NY criminal defense attorney Robert Schuster ultimately had all the Felony DWI and DWAI charges dismissed with a full sealing order for his client.

How is this even possible? After speaking with lead attorney Schuster, we learned that the manner in which he fiercely defends his clients starts with the examination of every segment of police procedure, and an extremely critical analysis of the forensic and scientific evidence in the facts at bar, juxtaposed with a thorough understanding of the applicable law. In this way, attorney Schuster was able to highlight the following crucial weaknesses in the People's case, and bring these faults to bear in garnering the dismissal:

To begin with, the significant circumstantial evidence that the defendant was driving under the influence of drugs was not substantiated by valid lab work. Despite agreeing to field sobriety tests and a breath test, the defendant refused a blood test. Even if he had agreed to a blood test, such evidence would have been suppressed and deemed inadmissible due to the failure to obtain a warrant from a magistrate, as provided for by the recent Supreme Court ruling in Missouri v. McNeely.

Mr. Schuster also pointed out defects and flaws in the bill of particulars and in the officer's summary report regarding how many field sobriety tests the defendant passed and failed. Because the only failed test was the horizontal gaze nystagmus test, Mr. Schuster argued this was consistent with the defendant's minor consumption of alcohol and not the ingestion of cocaine. Furthermore, no drug recognition expert observed the defendant at the time of the investigation.

As far as the alcohol charges were concerned, following a careful examination of the officer's certification and the calibration of the intoxylzer device, Mr. Schuster found that the reading, although violative of the law, was within the margin of error for the device, and that charge also had to be dismissed. As a result of Mr. Schuster's hard work, the defendant, a corporate executive, was able to avoid not only State Prison, but avoided local jail time, probation, any fines or any criminal suspension of his driving privileges pursuant to the court proceedings on his felony, misdemeanor, and other 1192 charges. This case represents only another example of the outstanding results that The Law Offices of Robert Schuster obtains on a regular basis. With a success rate of 95% at trial, Robert Schuster is known as a Westchester County criminal defense attorney who fights to win. To learn more about the firm’s history of case victories, visit them online now at www.WestchesterCriminalDefense.com.

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The Law Offices of Robert Schuster is located at 344 Main Street in Mount Kisco, NY and serves clients from throughout Westchester County and throughout the New York metropolitan area. The firm’s Westchester criminal defense attorney is a former Assistant District Attorney who has a 95% success rate at trial and who has a track record of handling thousands of criminal cases for his clients.