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People v. Aharon

Defendant Granted Hardship Privilege for Limited Purpose of Driving To, From Work

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DECISION AND ORDER

*1  This case presents an issue often confronted by the Court at arraignment when a Defendant is charged with a violation of VTL §1192(2) (Driving While Intoxicated) and the People seek a suspension of the Defendant’s license pending prosecution because it is alleged that the Defendant has a blood alcohol content (hereinafter BAC) above .08 percent and the Defendant seeks a hardship privilege. The Defendant was arrested on January 28, 2018 and charged with Driving While Intoxicated by Alcohol, in violation of VTL §§1192(2) & (3), Driving While Ability is Impaired by Alcohol, in violation of VTL §1192(1), Reckless Driving in violation of VTL §1212 and an Improper Left Turn in violation of VTL §1160(b). The complaint in relevant part alleges that the Police Officer observed the Defendant make a left turn from the right lane and observed her to be exhibiting signs of intoxication: to wit slurred speech, red watery eyes, odor of alcohol beverage on breath and an unsteady gait. The Defendant submitted to a chemical test to determine the Defendant’s blood alcohol concentration with a result of .087 percent alcohol content and the Defendant made an incriminating statement that she had one drink of Hennesy and Coke.

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