Guilty Plea Forfeited Right to Protest Ruling, Panel Finds
By pleading guilty to driving while impaired on prescription drugs, a defendant forfeited his right to challenge a Suffolk County judge's decision to admit evidence that he had refused to submit to a chemical test after his arrest, a Brooklyn appeals court ruled Wednesday.
October 29, 2015 at 05:00 AM
5 minute read
By pleading guilty to driving while impaired on prescription drugs, a defendant forfeited his right to challenge a Suffolk County judge's decision to admit evidence that he had refused to submit to a chemical test after his arrest, a Brooklyn appeals court ruled Wednesday.
On Nov. 10, 2008, Allen Sirico was driving on Stony Brook Road in Suffolk County and was involved in a three-car collision. Sirico was arrested at the scene and taken to a hospital, where he refused to submit to the test.
According to court papers, however, during the course of his criminal case, Sirico admitted he had been driving under the influence of Oxycodone, a painkilling medication.
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