People v. Gammon

Criminal Practice

, New York Law Journal


Judge William Ford

Gammon was charged with Vehicle and Traffic Law 1192.03, and a combined hearing was held to determine the admissibility of trial evidence obtained from him. Officer Sanchez responded to a 911 call by an off duty National Park Service officer who observed Gammon driving erratically, then a staggered walk and blood shot eyes, and an admission that he should not be driving as he was drunk. Sanchez also observed Gammon's bloodshot eyes, slurred speech and alcohol on his breath. Gammon was unable to stand on his own, and refused to submit to standardised field sobriety tests (SFST), and refused to cooperate in the administration of a portable breath test. Gammon was arrested, and was advised of his rights, and the consequences of a refusal of a chemical test, but refused on several occasions, becoming more agitated with each request. The court determined based on the circumstances, including Gammon's admission of being drunk when refusing all SFSTs provided Sanchez probable cause to arrest Gammon. Further, the court found prosecutors made a successful showing of each requisite element of a persistent refusal, and the evidence was admissible at trial, denying Gammon's motion for suppression.

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