Hey guys, i just wanted to share some good news with you. On Wednesday, I did my summation on my 6 day jury trial for a guy with his fourth Driving While Intoxicated charge. First one was knocked down to an "Impaired" second one was misdemeanor guilty plea with 3 years probation and the last one was a felony plea of guilt with 5 years probation. This one started as a felony, but was "knocked down" due to a (and I quote) "Complete Lack of Evidence."

Well, after putting 4 police officers on the stand (1 Sgt from 5th precinct, 1 Sgt from Communications, 1 PO from Emergency Services Unit and my arresting PO from the 5th Precinct) I rested. When proving a DWI, you first have to prove "Operation" of the car. Since the defendant had fled the scene of his accident, that was hard to prove. I basically had the Sgt who had seen the defendant walking away. Ok, so then when ESU found him, he had the keys to the car and the car was registered to him, so my circumstantial evidence got me through the operation part....

Next was that he was intoxicated. Since this guy is a PRO drunk driver, he knew that by being as disruptive and combative as possible, the police wouldn't be able to conduct field sobriety tests and since he'd already fled the scene, they wouldn't allow him to be uncuffed to perform them. When they started reading him rights to an Intoxilizer 5000 test, he screamed and cursed so much that they DIDN'T finish reading him his rights. THAT WAS BAD. Basically, he would have REFUSED to take his DWI test and we could use that refusal as a consciousness of guilt in presenting it to the jury.

Ok, so I couldn't use his refusal in court, since he didn't actually get read his rights, I used my officers observations of his intoxication. (Ie. Bloodshot and glassy eyes, slurred speech, unsteady on his feet and stunk like a drunk.) It also didn't hurt that he didn't even make it out of the parking lot of the bar he was drinking at, when he ran over a 5 foot retaining wall and got his truck stuck. Can you believe this guy?

Anyway, I did my summation and the jury was nodding their heads the whole time in agreement. When I sat down, I knew I'd given not only the speech of my life, but the performance of my life!

12 minutes later, the jury came back with guilty verdicts on all charges!

I've now been granted rock star status at work.

Drive safe, there are real assclowns out there.

PS. Sentencing is in February.

 

Job well done

Luis
Queens350Z

 

^ +1

 

Well done. I would like to thank you for the advice on jury duty, It worked.
thanks again.

 

good work Greg!
after only a semester of law school i really can appreciate these stories now and realize the hard work that goes into something like this. Congrats man - keep them pieces of **** off the streets and outta cars!

 

grats and thanks for keeping us safe

 

Nooch, I should have a number of trials in January, I'm even assigned to a special prosecution case in Nassau. If you'd like to come down, I'm sure I could put you to work!

 

what's the pay. I'm in.

 

Basically, if I win, you can buy me dinner, but I don't expect you to pay me.

 

hahaha if i didnt have a full-time job plus school i would take you up on the offer - and even buy you dinner lol - haha but thanks for even offering - i havent taken crim law yet but i look forward to it (kinda nerdy sounding but i actually like this stuff - lets hope the grades reflect lol)

for now AL can lend ya a hand lol

 

I have no problem about taking you out for dinner and I'll pay. (whitecastle Is that ok.) No for real. Have a small Dinner party, Next week. I'm In.

 

just poppin in to say what up to Greg...
long time man.

anyways didnt mean to hijack...lol

 

thanks from the west coast!

*(my family lives back east, I go to NYC a lot for business too)

 

The week after Christmas should be a football game...you guys want to meet up at Boulder Creek to watch it? It can be a squad meet?