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People v. McCarthy

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 18, 1987
135 A.D.2d 1113 (N.Y. App. Div. 1987)

Summary

In People v. McCarthy, 135 A.D.2d 1113, 523 N.Y.S.2d 291 (4th Dept.1987), probable cause was established where the defendant's eyes were bloodshot, his speech slurred, and there was a strong odor of alcohol coming from the car.

Summary of this case from People v. Gilles

Opinion

December 18, 1987

Appeal from the Monroe County Court, Maloy, J.

Present — Doerr, J.P., Denman, Boomer, Green and Balio, JJ.


Order unanimously reversed on the law and facts, motion denied and indictment reinstated. Memorandum: After a hearing, County Court dismissed the indictment charging defendant with driving while intoxicated. The court wrote that the arresting officer stopped defendant's car for an equipment violation at 3:00 A.M. and, other than that, there was no evidence of any moving violation. Without making any other findings, the court concluded, "On these facts we find there was no probable cause to require the defendant to exit his vehicle, retire to the back of the police vehicle and submit to a roadside sensor test." The arresting officer was the only witness who testified at the hearing. His testimony reveals that, after stopping the car, he talked to defendant, who was sitting in his car, and noticed that defendant's eyes were bloodshot, that his speech was slurred, and that there was a strong odor of alcohol coming from the car. Based on those facts, we conclude that the officer had probable cause to believe that defendant had been driving his automobile while at least his ability was impaired by the consumption of alcohol (Vehicle and Traffic Law § 1192). The fact that the stop was based only on the officer's observation of an equipment violation does not preclude a finding that, after the lawful stop, the officer had reason to believe that defendant was guilty of driving while intoxicated or, at least, driving while his ability had been impaired by the consumption of alcohol.


Summaries of

People v. McCarthy

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 18, 1987
135 A.D.2d 1113 (N.Y. App. Div. 1987)

In People v. McCarthy, 135 A.D.2d 1113, 523 N.Y.S.2d 291 (4th Dept.1987), probable cause was established where the defendant's eyes were bloodshot, his speech slurred, and there was a strong odor of alcohol coming from the car.

Summary of this case from People v. Gilles

In People v. McCarthy, 135 AD2d 1113 [4th Dept 1987], probable cause was established where the defendant's eyes were bloodshot, his speech slurred, and there was a strong odor of alcohol coming from the car.

Summary of this case from People v. Murphy

In People v. McCarthy, 135 AD2d 1113 (4th Dept., 1987), probable cause was established where the defendant's eyes were bloodshot, his speech slurred, and there was a strong odor of alcohol coming from the car.

Summary of this case from People v. Harper

In People v. McCarthy, 135 AD2d 1113 (4th Dept., 1987), probable cause was established where the defendant's eyes were bloodshot, his speech slurred, and there was a strong odor of alcohol coming from the car.

Summary of this case from People v. Leary
Case details for

People v. McCarthy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DENNIS B. McCARTHY…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 18, 1987

Citations

135 A.D.2d 1113 (N.Y. App. Div. 1987)

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