A Suffolk Marijuana Possession Lawyer said that, the defendant is charged, with Criminal Possession of Marijuana in the Fifth Degree, in violation of Penal Law § 221.10(1), and, , with Driving While Intoxicated DWI, Aggravated Unlicensed Operation of a Motor Vehicle in the Third Degree, Operating an Uninsured Vehicle, Operating Without a Seatbelt, and Unauthorized Possession of a License, in violation of VTL §§ 1192(2), 511(1), 319(1), 1229(c)(3)(a) and 509(6), respectively, as well as Possessing Alcohol while being under twenty-one (21) years of age, with intent to consume, in violation of Alcohol Beverage and Control Law § 65-c. All of these charges arise out of the same incident of October 14, 2007.
A Suffolk Criminal Lawyer said that, on October 14, 2007, at approximately 9:19 p.m., the Officer, an eleven (11) year member of the Nassau County Police Department, was on patrol in the vicinity of the South Gate Shopping Center located in Massapequa Park, New York. At that time, the Officer was alone, in uniform, and traveling in a marked police car, driving from the back to the front of the shopping center. As he came around to the front parking lot, Officer observed a dark vehicle parked approximately fifty (50′) feet away, within the confines of a parking space, in front of the King Kullen supermarket, with two (2) males standing outside the vehicle, one (1) of which he observed on the passenger’s side of the vehicle making the motion of throwing objects at the supermarket. Upon seeing this, Officer turned off his headlights so that he might further observe these individuals. Shortly thereafter, upon seeing the Officer, the two (2) individuals entered the vehicle by which they were standing and began to pull away. As the passenger got into the vehicle the Officer observed him place an object which looked like a beer bottle down beside the vehicle.
A Suffolk Drug Possession Lawyer said that, seeing this, the Officer pulled up behind the vehicle and activated his emergency lights and siren to effectuate a stop. The vehicle traveled a short distance, now no longer within a single parking space, but straddling the lines between two (2) spaces. Upon stopping the vehicle, Officer approached the driver, who he later identified as the Defendant, and asked for his license, registration and insurance card. The Defendant produced a license and registration, but not an insurance card. At that time, he also observed an open beer bottle next to where the vehicle had been parked; and, upon looking into the vehicle, saw an unopened bottle of beer on the floor behind the passenger. While standing next to the Defendant’s vehicle, approximately eighteen (18″) inches away from the Defendant, the Officer noticed the Defendant’s speech to be slurred, his eyes bloodshot and glassy and the odor of alcohol emanating from his breath. The Officer testified that as he spoke to the Defendant, the Defendant was relatively cooperative, but was not forthcoming with his answers to the officer’s questions. The Officer then asked the Defendant to step out of the vehicle for the purpose of conducting field sobriety tests (“SFSTs”).