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People v. Starr

DUI Charge Not Dismissed Where Breathalyzer Results and Affidavit Provided Probable Cause

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Papers Submitted:Notice of Motion  1Affirmation in Support         2Affirmation in Opposition    3Reply Affirmation 4DECISION and ORDER

*1  The Defendant is charged with driving while intoxicated per se, common law driving while intoxicated, aggravated unlicensed operation of a motor vehicle in the third degree, disobeying a traffic control device, and driving too slowly, all in violation of VTL §§1192(2), 1192(3), 511(1)(a), 1110(a) and 1181(a), respectively. The Defendant now moves for an order (1) dismissing the charge of driving while intoxicated per se; (2) precluding evidence of field sobriety tests (“SFSTs”), testimony that the Defendant “failed” SFSTs, and the use of the term “field sobriety tests;” (3) suppressing physical evidence, statements allegedly made by the Defendant to members of law enforcement or their agents, and the results of a chemical test of the Defendant’s breath, or, in the alternative, directing that hearings be held addressing the propriety of the stop of the Defendant’s vehicle, the Defendant’s arrest, the voluntariness of statements allegedly made by the Defendant, the Defendant’s consent to submit to a chemical test of his breath and the operation of the instrument used to conduct the chemical test of the Defendant’s breath; (4) granting the Defendant a Bill of Particulars and precluding items with which the People fail to comply; (5) granting discovery and inspection and precluding items with which the People fail to comply; (6) suppressing and

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