People v. Jonai Washington


AD2 order dated April 17, 2013, affirming suppression of results of chemical breath test. Decision below: 107 AD3d 4, 964 NYS2d 176. Angiolillo, J. (AD dissenter), granted leave to People June 19, 2013.

ISSUE PRESENTED: Whether, if a motorist consents to a chemical breath test but, prior to the start of the test, police become aware that an attorney has appeared in the matter and has directed the police not to test, whether the police must make reasonable efforts to inform the motorist of counsel’s appearance.

Obligation of police to advise motorist of counsel's appearance before administering BAC test