April 19, 2010

• Steven Topazio wrote this April 27, 2014 at 10:12 am

The defendant, a taxicab driver and owner of a taxi medallion, was arrested on April 15, 2010 for operating under the influence of alcohol (also known as OUI or DWI) when he was observed by a private citizen who informed local police that the taxicab was operating erratically. When the police arrived, the taxicab was observed to cross the double yellow line and was pulled over. The officer who detected an odor of alcohol coming from the defendant had him step out of his vehicle. After failing several field sobriety tests, the defendant was arrested. The defendant attempted a breathalyzer but intentionally did not provide a sufficient volume of breath for the test to complete which resulted in a refusal. As a result, his driver’s license was suspended for 180 days for the breath test refusal. At his arraignment, the defendant was appointed a court attorney and his case was continued for two months for pre-trial conference. With mounting expenses, no driver’s license or ability to earn an income from his taxicab, and with a court date over two months away, the defendant hired Attorney Topazio. Taking direction from his client to get him his driver’s license back as fast as possible so he could work again, otherwise risk losing his taxi medallion, Attorney Topazio explained that he could get him a twelve hour license or Cinderella license. Attorney Topazio contacted the District Attorney, immediately negotiated a resolution of the case whereby his client would admit to sufficient facts, lose his license for 45 days, and agree to attend an alcohol education program. Once a resolution was reached, Attorney Topazio contacted the Court and advanced the case for a change of plea. Under the law, Attorney Topazio pointed out to his client a provision whereby a defendant may immediately upon entering a program apply to the registrar for consideration of a limited license for hardship purposes. The registrar, at his discretion, may issue such license under such terms and conditions as he may prescribe. Any such license shall be valid for an identical 12 hour period, 7 days a week. This provision shall also apply to any other suspensions due to the same incident that may be in effect. Consequently, the defendant could receive a hardship license despite the 180 day suspension for the breathalyzer refusal.