DWI Lawyer in Staten Island Hearing Win Cited In New York Law Journal

The Law Offices of Michael S. Discioarro, LLC, Had A Decision Win on a Hearing Cited in Law Journal.
By: law offices of michael discioarro
 
July 14, 2015 - PRLog -- Staten Island DWI Lawyer, Michael S. Discioarro, Esq. recently conducted a hearing on a client's right to ask for an attorney before doing a breathalyzer test. The judge in the case, after hearing all of the facts, concluded that the client's constitutional rights had been violated and suppressed the refusal. As a result all of the dwi charges were dismissed. The judge held in part:

"Having determined that the defendant specifically requested an attorney for the purpose of deciding whether to submit to a chemical test, the court now turns to the second phase of inquiry, whether the People have shown that fulfilling, or attempting to fulfill, the defendant's request for an attorney would have unduly delayed administration of the chemical test. If the People failed to make such a showing or if the court determines that administration of the chemical test would not have been unduly delayed by fulfilling the defendant's request, a violation of the defendant's limited right to an attorney has occurred (see Gursey, 22 NY2d 224; Washington, 23 NY3d 228; People v. Mora-Hernandez, 77 AD3d 531 [1st Dept 2010]).

Under the circumstances in this case, the Court finds that the People have failed to show that the police made any efforts to comply with the defendant's requests for an attorney or that fulfilling defendant's request would have unduly delayed the administration of the chemical test (see Mora-Hernandez, 77 AD3d at 531 [suppression of breath results and videotape warranted where repeated requests for an attorney were ignored by police and there was no indication that complying with the requests would have interfered with proceedings]; cf. People v. O'Rama, 78 NY2d 270, 280 [1991] [defendant's statement that his attorney would not be available "for hours" and his insistence on waiting for attorney was properly deemed a refusal]). At the hearing, the People offered no evidence demonstrating that granting defendant's request for counsel would have substantially interfered with the investigative procedure and I find that Officer Pease made no efforts to comply with the defendant's requests.

"We are happy for our client" Mr. Discioarro said. The Law Offices of Michael S. Discioarro, LLC can be contacted at 917-519-8417 or by viewing:
http://www.dwistatenisland.com
http://www.statenislanddwi.com
http://www.newyorkcitydwi.com
http://www.duinewyorkcity.com
http://www.queensdwiattorney.com
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