PEOPLE v. OWENS


45 A.D.3d 1058 (2007)

845 N.Y.S.2d 563

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEITH OWENS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided November 15, 2007.


Lahtinen, J.

Defendant, whose driver's license was suspended, was in a roll-over accident after driving a pick-up truck off a straight, dry road. Law enforcement personnel who responded to the scene noted the smell of alcohol, nystagmus eyes, slurred speech and other signs that resulted in their conclusion that defendant had been operating the vehicle while intoxicated. An effort to obtain a blood sample was unsuccessful because of defendant's physical condition....

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