Judge William Ford
Wagner was charged with violating Vehicle & Traffic Law §1192.3, among others, and a combined Dunaway/Mapp/Huntley refusal hearing was held to determine the admissibility of evidence obtained. Officers investigated a dispatch call about a car blocking traffic, observing two males inside who appeared to be unconscious or asleep with keys in the ignition and the engine running. Officer Jos woke the driver, Wagner, and detected a strong odor of alcohol when he opened the door. Wagner refused to perform Standard Field Sobriety Tests and, upon his arrest, also refused a chemical test at the precinct after being asked several times. The court determined the officer had probable cause to arrest Wagner for driving while intoxicated based on observations, the smell of alcohol and his unsteady gait. It also stated, based on the totality of the circumstances, prosecutors have shown "operation" of the vehicle. Further, the court found prosecutors showed Wagner was given adequate warning of the consequences of refusing to submit to a chemical test, and persisted in his right to refuse same. Thus, prosecutors showed the requisite elements of a persistent refusal, and such evidence would be admissible at trial.
