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People v. Valera

Defendant's Refusal to Take Chemical Test Not Element of Either DWI, DWAI Charges

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Decision and Order

*1 Defendant Luis Valera is charged with Driving While Intoxicated (VTL §1192[3]) and Driving While Ability Impaired (VTL §1192[1]). He moves for dismissal of the charges against him, arguing his speedy trial right was violated. The issues presented in this case are:1. Is the defendant’s refusal to submit to a chemical test analysis an element of a VTL §1192 offense that must be corroborated?2. Does the law of the case doctrine constrain the Court to follow its earlier rulings in the case if the parties argued their respective positions on the record, but not on motion papers?3. In a motion to dismiss for speedy trial violation, should the People be charged for erroneous adjournments for conversion of the accusatory instrument?Holdings:The Court finds that the defendant’s refusal to submit to a chemical test analysis is not an element of either Driving While Intoxicated or Driving While Ability Impaired. The Court further holds that the parties must have had an opportunity to litigate the issue in front of a court that is fully cognizant of the issue for the law of the case doctrine to apply. Finally, the Court finds that erroneous adjournments for conversion are not includable in a

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