Spring Valley DUI Attorney Spring Valley Felony Defense Case

Law enforcement officers patrolling in Spring Valley observed the client operating a motor vehicle at an abnormal and excessive speed. 

The police report indicated the vehicle was traveling more than twenty miles per hour above the posted speed limit established under New York Vehicle and Traffic Law Section 1180. 

Upon initiating a traffic stop the officers identified the driver as an individual with a revoked license status. 

The police officers further observed clear signs of severe intoxication including slurred speech and the odor of alcoholic beverages.
 

The officers requested a preliminary breath test at the roadside which indicated the presence of alcohol. 

The police subsequently arrested the client and transported him to the local precinct for a chemical breath analysis pursuant to Vehicle and Traffic Law Section 1194. 

Upon arrival the client attempted to evade the breath analysis by feigning a medical emergency. 

He claimed to be suffering from a heart attack which necessitated transport to a hospital. 

Law enforcement treated this conduct as a refusal under VTL §1194 after providing the statutory warning. 

The client eventually admitted to consuming a full bottle of vodka and half a bottle of scotch prior to operating the vehicle.
 

The legal position of the client was extremely precarious due to the violation of his prior conditional discharge. 

Under New York law, a Class E felony carries potential state imprisonment and enhanced sentencing exposure for repeat offenders. 

The prosecution argued that the client posed a danger to the community because he committed a new serious offense while still subject to court monitoring for a similar prior conviction. 

The refusal to submit to a chemical test also triggered civil penalties and an automatic license revocation hearing at the Department of Motor Vehicles.
 

The probation department initially viewed the client as unsuitable for community service options. 

The background of the client suggested a disregard for court orders and public safety regulations. 

The defense counsel needed to overcome this presumption to prevent a sentence of straight incarceration. 

The prosecution emphasized the deceptive nature of the feigned heart attack as evidence of a lack of remorse and an attempt to obstruct justice.
 

We argued on behalf of the client that his alcohol abuse stemmed from various deep seated psychological issues rather than simple criminal intent. 

To support this argument we retained a forensic psychologist to evaluate the client. 

We submitted a detailed psychological report to the court which outlined the history of the client and connected his substance abuse to specific unaddressed mental health challenges. 

This report provided the court with a broader context for understanding the recidivism.
 

We further demonstrated that the client had taken immediate and voluntary steps to identify the causes of his problematic behavior. 

The defense presented documentation showing the client had enrolled in an intensive rehabilitation program and was actively participating in treatment. 

We argued that the client possessed the motivation and readiness to address these issues permanently. 

We submitted that the client deserved a final opportunity to attempt rehabilitation under strict supervision rather than serving time in a state correctional facility.
 

Relying on our submissions and the psychological report the magistrate accepted that the client was ready to take responsibility for his actions. 

The court acknowledged the progress made in rehabilitation and the potential for long term recovery. 

The County Court imposed a sentence of intermittent imprisonment pursuant to Penal Law Article 85. 

This sentence allowed the client to serve time on weekends while maintaining his employment and continuing his treatment during the week.
 

Following the instructions of the client we appealed the severity of the sentence to the County Court. 

The appellate argument focused on the exceptional efforts the client had made toward rehabilitation since the initial sentencing. 

The appellate court reviewed the comprehensive record and the ongoing success of the treatment. 

The court ultimately modified the sentence to a conditional discharge and a period of probation with strict conditions regarding alcohol use and vehicle operation. 

The client successfully avoided long term incarceration despite the serious nature of the felony charges.