ALL THE ELEMENTS OF THE OFFENSE WERE ESTABLISHED
After he was convicted by the New York County Criminal Court of driving while ability impaired, A.M. appealed to the Appellate Term, First Department.
On its review, the AT1 didn’t agree that case was somehow “jurisdictionally defective.” Since all the elements of the offense were cited -- to wit: A.M. was alleged to be operating the vehicle, had “water and bloodshot eyes,” his clothes reeked of a marijuana order, there was ash on his pants, the driver admitted to having “two puffs” before he was stopped, and declined to take a urine test – the appellate court left the conviction undisturbed.
Could they be any more blunt?
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DECISION