When Vladislav C. was pulled over during a routine traffic stop, he recorded a .21 on a breathalyzer, failed 2 out of 3 coordination tests, and was eventually arrested and convicted of two counts of intoxicated driving.
On appeal, Vlad claimed that the evidence didn't support the conviction. But in light of the officer's testimony that Vlad smelled of alcohol, "swayed" when he stood, had slurred speech, exhibited "watery and bloodshot eyes," and failed the sobriety tests, the Appellate Term, First Department, thought the crime's elements were established "beyond a reasonable doubt," and declined to modify the outcome.
Was there no swaying them?
To view a copy of the Appellate Term's decision, please use this link: People v. C.