A Holiday Present for our Clients Charged with DWI!
In recent months Nassau County District Court Judges have granted our motions in a series of cases compelling the District Attorney and the State Police to turn over the actual gas chromatograms that support the single page certifications concerning the simulator solution used during the reference standard checks in DWI testing. This document might as well say "trust us." Well we don't. Rather than turn over this material the State Police is digging their heels in, saying the Judge is wrong and the documents are not discoverable. The Nassau County District Attorney's Office is doing nothing about it. Instead, in recent months, the People have fought this disclosure in criminal trial courts and on Article 78 petitions--and they are failing roundly. See, e.g., In the Matter of Singas v. Engel, Index 8165/15 (N.Y. Sup. Ct., Nassau Co. 2015); People v. Li, Docket 2014NA023862 (N.Y. Dist. Ct., Nassau Co. 2015); People v. Arbel, Docket 2014NA011449 (N.Y. Dist. Ct., Nassau Co. 2015); People v. Torre, Docket 2014NA005100 (N.Y. Dist. Ct. Nassau Co. 2015); People v. Ramrup, Indictment No. 3115-2013 (N.Y. Sup. Ct., Bronx Co. 2014). Yet the non-disclosure continues all the same. As a result the Courts have started to order adverse inference sanctions in these cases.
The result, at a minimum, is that every DWI breath test case that goes to trial should have an adverse inference charge against the people that relates to their non-disclosure. This will help our clients tremendously. I would like to share our motions and discuss the strategy of how best we as a defense bar can utilize this victory to help all of our clients.
In that regard I am happy to assist any attorney that wishes to discuss ways these rulings can help their clients. Have a happy new year!
