People v. Sears

OPINION OF THE COURT

Thomas J. DiSalvo, J.

Facts of the Case

The defendant in this matter is charged with common-law driving while intoxicated, to wit: Vehicle and Traffic Law § 1192 (3). He was arrested on September 14, 2002 at approximately *26712:48 a.m. after approaching a sobriety checkpoint on Route 104 eastbound near the Dewitt Road overpass, which was operated by the Webster Police Department. The defendant was subsequently taken to the Webster Police Department, where he eventually requested to speak to an attorney relative to the issue of taking the breath test. Mr. Sears reportedly…