People v. Lehman

OPINION OF THE COURT

James C. Harberson, J.

*98ISSUE

The question is whether Vehicle and Traffic Law § 1192 (4), driving while ability is impaired by drugs, can be reduced by a plea to Vehicle and Traffic Law § 1192 (1), driving while ability is impaired by alcohol, if there is no evidence of impairment due to alcohol consumption.

FACTS

The prosecution has moved to amend charges of Vehicle and Traffic Law § 1192 (4) to Vehicle and Traffic Law § 1192 (1). In this case the BAG reading was .00 and there was no evidence of erratic operation by the defendant. The vehicle stop was based on Vehicle and…