In criminal defense, some of the most important victories occur not at trial, but through careful legal analysis and motion practice. Even when the facts of a case appear unfavorable, the prosecution must still follow the law and comply with strict procedural rules.
Recently, The Law Office of Siara Ossa, PLLC secured the dismissal of an Aggravated Driving While Intoxicated case in Queens County Criminal Court after successfully challenging the prosecution’s discovery compliance and speedy trial obligations.
This case demonstrates how critical it is to have experienced defense counsel who understands the procedural protections built into New York’s criminal justice system.
What Is an Aggravated DWI in New York?
Under New York law, Aggravated Driving While Intoxicated is one of the most serious alcohol-related driving offenses. A person can be charged with Aggravated DWI under Vehicle and Traffic Law §1192(2-a) when they operate a motor vehicle with a blood alcohol concentration (BAC) of 0.18% or higher. An aggravated DWI comes with mandatory fines of at least $1,000.00, a maximum jail term of 364 days, and a mandatory license revocation for at least one year.
Because of these significant consequences, aggravated DWI cases are more aggressively prosecuted than a regular DWI.
The Facts of the Case
In this matter, the defendant was charged with multiple counts of Driving While Intoxicated, including:
- Operating a motor vehicle while intoxicated
- Per se intoxication
- Aggravated DWI
The case arose after police responded to a motor vehicle accident in Queens County. Officers arriving at the scene observed the defendant sitting in the driver’s seat of a vehicle parked on the sidewalk with the engine still running. According to the allegations, the defendant exhibited classic signs of intoxication, and he was transported to a precinct where a breath test was administered.
The breath test allegedly produced a result of 0.235% blood alcohol concentration, well above the legal limit and above the threshold for aggravated DWI. The motorist was arrested and processed, and produced for arraignment in Queens County Criminal Court.
Based on these allegations, the prosecution pursued multiple DWI-related charges.
The Defense Motion
Despite the serious nature of the allegations, the defense carefully reviewed the prosecution’s discovery and procedural filings.
Under New York’s discovery statute, CPL Article 245, prosecutors must disclose all relevant discovery materials and may only file a Certificate of Compliance (COC) when they have exercised due diligence in providing all discoverable materials.
In this case, the defense argued that the prosecution’s Certificate of Compliance was improper because significant discovery items had not been disclosed prior to filing the certificate.
Among the issues raised were:
- Failure to disclose certain police notes and written observations made at the scene
- Missing information related to civilian witnesses present at the accident
- Issues involving medical records connected to the incident
- Late disclosure of breath testing calibration records
The defense argued that these deficiencies demonstrated a lack of due diligence by the prosecution in meeting its discovery obligations.
The Court’s Decision
After reviewing the parties’ submissions, the court agreed that the prosecution had not exercised sufficient diligence in meeting its discovery obligations.
The court determined that the prosecution’s Certificate of Compliance was invalid, which meant that their statement of readiness for trial could not be relied upon.
Because the prosecution’s readiness declaration was invalid, the speedy trial clock continued to run.
The court ultimately found that more than 112 days of chargeable time had elapsed, exceeding the statutory time limit allowed under New York’s speedy trial law for the charged offense. In New York State, the Prosecution must properly announce their readiness to proceed to trial on a Class A Misdemeanor within ninety days of arraignment.
As a result, the court granted the defense motion to dismiss the accusatory instrument on speedy trial grounds.
Why This Case Matters
This case is a powerful reminder that every criminal case must comply with the procedural safeguards established by law.
Even where the allegations appear strong, the prosecution must:
- comply with discovery obligations
- exercise due diligence in providing evidence
- adhere to statutory speedy trial requirements
When those obligations are not met, dismissal may be required under New York law.
Criminal Defense Representation in Queens County and Throughout New York State
At The Law Office of Siara Ossa, PLLC, we represent individuals facing criminal charges throughout New York State, including:
- Queens County
- Nassau County
- Suffolk County
- and courts across New York
Every case is carefully analyzed to determine whether legal challenges or defenses may apply.
Contact a New York Criminal Defense Attorney
If you or a loved one has been charged with DWI or another criminal offense in New York, it is critical to consult with an experienced defense attorney as soon as possible.
The Law Office of Siara Ossa, PLLC provides aggressive and strategic representation for clients facing serious criminal charges.
Contact our office today to discuss your case by calling or texting 347-733-5612.
www.ossalawny.com
siara@ossalawny.com
Prior results do not guarantee a similar outcome. Each case is unique and depends on the specific facts and legal circumstances involved.