A man moved for an examination of the stenographic minutes from a grand jury proceeding for the purpose of determining whether the evidence was legally sufficient to support the charge contained in the indictment and whether the legal instructions given to the grand jury were sufficient. He also seeks dismissal of the charges on the grounds of insufficiency of the evidence or for other defects in the proceedings.
The man stands charged with driving while intoxicated (DWI), a class E felony. Based on records, the felony status of the crime is based on a predicate conviction for driving a motor vehicle with in the violation of vehicle and traffic law, an unclassified misdemeanor.
The incident occurred one evening where a state officer’s attention was drawn to the man’s automobile because it was moving slowly. He estimated that the driver of the vehicle was driving about 25 miles per hour in a 30-mile per hour zone during the late evening when no traffic was present and the roads were clear and dry. The officer followed the vehicle and testified that the man was going about 20 miles per hour in the 30-mile per hour zone. At some point he verified the speed of the vehicle using radar. A New York Criminal Lawyer said the man consistently maintained the same speed up hill and downhill, including a steep hill, until he pulled over at the direction of the officer. He also testified that the man was driving on the right-hand side of the road. The man further testified that he pulled him over solely because of his driving. He also testified in saying that driving ten miles per hour below the limit is considered impeding traffic. The district attorney however did not reprimand the grand jury on the witness in advising on the law.