New York Criminal Lawyer Blog
In People v. Dondorfer, the New York Court of Appeals addressed how courts should define the term “impaired” in cases involving driving after the use of alcohol, drugs, or both. The case focused on whether the same definition of impairment applied across different sections of the Vehicle and Traffic Law or whether a different standard should apply when drugs were involved. The issue arose in the context of a grand jury instruction and a pretrial dismissal of a charge. The Court reviewed the statutory language, prior case law, and principles of statutory interpretation to determine how the term should be applied.
Background Facts
The case arose after a traffic stop involving Phillip Dondorfer, who was driving a vehicle with his fifteen-year-old daughter as a passenger. During the stop, Dondorfer admitted that he had consumed alcohol and had also used marijuana. Law enforcement officers conducted field sobriety tests, which Dondorfer failed. A police officer trained as a drug recognition expert conducted an evaluation and concluded that Dondorfer was impaired by a combination of alcohol and cannabis and was unable to operate a vehicle safely.