Our firm represented a driver who was approached by police while sitting in the driver’s seat of a parked vehicle. The officer stopped the client based on concerns about engine idling and, during the encounter, reported seeing both open and unopened alcoholic beverage containers inside the car. The client declined to submit to a chemical breath test or a blood test, and prosecutors initially pursued a misdemeanor charge that carried the risk of a criminal record and potential license consequences.
We carefully examined the legal basis for the stop and the prosecution’s theory that the client was “operating” the vehicle under New York law. Because the vehicle was stationary and parked when the officer made contact, we raised questions about whether the facts satisfied the idling-related requirements and whether there was sufficient evidence of actual operation of the car at the time of the alleged offense. We also scrutinized the circumstances surrounding the officer’s observations of the containers and the sequence of events he claimed had occurred before the stop.
We negotiated with the District Attorney’s office in detailed discussions about the strength of the case, focusing on the legality of the stop, the operation issue, and the evidentiary weight of the officer’s account. After considering these issues, prosecutors agreed to resolve the matter with a non-criminal disposition: a plea to disorderly conduct, with no license suspension.
Every case depends on its own facts and applicable law, and similar results cannot be guaranteed. In this matter, however, a thorough review of the stop, careful attention to the definition of “operation” in the DWI context, and persistent advocacy with prosecutors helped convert a potentially life-altering misdemeanor prosecution into a non-criminal resolution that protected the client’s record and driving privileges.
