DRIVER WAS UNABLE TO PASS COORDINATION AND OTHER TESTS
After he was convicted by the Criminal Court of the City of New York (New York County) for “driving while ability impaired,” DW appealed contending the outcome was “against the weight of the evidence.”
But upon its review of the record, the Appellate Term, First Department, didn’t think there was any “basis for disturbing the jury’s credibility determinations.”
The arresting officer testified that DW was “swerving between lanes ‘at a high rate of speed,’” that he had “bloodshot and watery eyes, slurred speech and an unsteady gait.” And, to top it all off ... (so to speak) ... videotape evidence, presented at trial, showed that DW couldn’t pass the “physical coordination tests,” and an Intoxilyzer breath device measured his blood alcohol level at “.09 percent.”
Given those factors, the AT1 left the conviction undisturbed.
Seems like his appeal was also impaired ….
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DECISION