Judge John Wilson
Veras, charged with operating a motor vehicle under the influence of alcohol or drugs, sought dismissal of all charges arguing the complaint was facially insufficient. The Criminal Court complaint alleged Veras was observed by a police officer seated behind the wheel of the vehicle, with the keys in the ignition, engine running, and operating the car on a public roadway. He observed Veras make a right turn without signaling, and crossing the double yellow line into oncoming traffic. Upon stopping the vehicle, the officer observed Veras had an odor of alcohol emanating from his breath, slurred speech and watery eyes. Veras argued the chemical test result of his blood alcohol content was .04 percent, thus did not support the charge as evidence of a BAC under .05 percent was prima facie evidence the ability of such person to operate a motor vehicle was not impaired by the consumption of alcohol. The court agreed, yet, found the allegations in the complaint were facially sufficient under People v. Gristina finding the "indices of common law intoxication…are sufficient to rebut the breathalyzer test result…" Thus, the allegations of Veras' driving, coupled with the officer's observations, were sufficient to establish an inability to operate the car, denying dismissal.
