People v Bakoniarivo
Annotate this CaseDecided on March 19, 2018
City Court of Mount Vernon
The People of the State of New York, Plaintiff,
against
Anthonio Bakoniarivo, Defendant.
17-2684
Westchester County District Attorney
Mount Vernon Branch
The Scaggs Law Firm, P.C.
Attorney for Defendant
73 Main Street
Tuckahoe, New York 10707
Adrian N. Armstrong, J.
The defendant in this case is charged with the traffic infraction of Driving While Ability Impaired by Alcohol, in violation of Vehicle and Traffic Law § 1192.1. A bench trial in this action was held on March 15, 2018. The People called as its sole witness Mount Vernon Police Officer Frank Castillo, who testified credibly. The parties stipulated into evidence, certain business records pertaining to the chemical testing equipment that was used in this case, and as to its results.
Pursuant to Vehicle and Traffic Law § 1192 (1), a defendant is guilty of driving while ability impaired if the evidence adduced at trial shows that "by voluntarily consuming alcohol . . . defendant has actually impaired, to any extent, the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver" (People v Cruz, 48 NY2d 419, 427 [1979]; see also People v Litto, 8 NY3d 692, 706 [2007]; People v McNamara, 269 AD2d 544, 545 [2000]). Compared to proof of intoxication, the quantum of proof necessary to support a conviction of driving while impaired is "far less rigorous" (People v Reding, 167 AD2d 716, 717 [1990]).
At trial, Police Officer Castillo testified that on September 28, 2017, while working the midnight to 8:00 a.m. shift, he received a radio report for an aided case at approximately 5:32 a.m. When he arrived on the scene in front of 325 Hayward Avenue, in the City of Mt. Vernon, County of Westchester, he observed a vehicle blocking both lanes of the two way street with this [*2]vehicle parked perpendicular, and in contact with a parked vehicle. He further observed two individuals asleep inside this vehicle. Officer Castillo testified that he knocked on the driver's window and woke the defendant up, who was sitting in the driver's seat, and directed him to move the vehicle to a parked space a relatively short distance from the location where it was impeding traffic. When asked what happened, the defendant informed the officer that he had fallen asleep while looking for a parking space. The defendant also informed the officer that he had been drinking earlier, but not recently. Officer Castillo testified that the defendant had glassy and red eyes, and that an odor of alcohol emanated from the defendant's breath. An empty beer bottle was also found in the rear of the vehicle.
The defendant was directed to step out of the vehicle, and three standardized field sobriety tests were conducted. The first test, the horizontal gaze nystagmus test in which a pen is passed across the eyes to observe eye movements, is the only test that the defendant passed. Officer Castillo testified that the defendant failed the nine step walk and turn, and the one leg stand tests, both due to his unsteadiness and inability to balance. After the three field sobriety tests were administered, Officer Castillo placed the defendant under arrest for Driving While Ability Impaired. He testified that he believed defendant was impaired based upon his personal and professional experience, and that he had observed many persons, both professionally and socially, who had consumed alcohol and became intoxicated.
The defendant was transported to the Mount Vernon Police Headquarters. At the Mount Vernon Police Headquarters the defendant after being read his Miranda rights and DWI warnings consented to a chemical test. The results of the chemical test performed on defendant using a device called the Data Master was received into evidence, along with the operational checklist for using the Data Master, and records showing the periodic testing and calibration of the equipment. The results of the test indicated that the defendant's blood alcohol content (BAC), was .06%.
In addition to the BAC reading, which may be accorded the evidentiary weight to which it is statutorily entitled (Vehicle and Traffic Law § 1195[2][c]), the evidence adduced at trial demonstrated that the defendant admitted that he fell asleep behind the wheel while looking for a parking space, and in so doing, impeding traffic; defendant admitted to drinking alcohol before falling asleep; an empty bottle of alcohol was recovered in the vehicle; defendant's failure of two out of the three standardized field sobriety tests; and the indicia of defendant's inebriation that was observed by the arresting officer. A person is "impaired" whenever, "by voluntarily consuming alcohol, he has actually impaired, to any extent, the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver" (People v Cruz, 48 NY2d 419, 427 [1979]).
The foregoing evidence, viewed in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), and according it every "valid line of reasoning and permissible inferences [that] could lead a rational person to the conclusion reached by the fact finder" (People v Williams, 84 NY2d 92, 926 [199]), there is sufficient proof of guilt that defendant was incapable of employing the physical and mental abilities needed to operate a car as a reasonable and prudent driver (see People v Hohmeyer, 70 NY2d 41 [1987]).
Accordingly, the Court finds the defendant guilty of Driving While Ability Impaired, in violation of Vehicle and Traffic Law § 1192.1.
This constitutes the Decision and Order of this Court.
Dated: March 19, 2018
Mount Vernon, New York
__________________________
HON. ADRIAN N. ARMSTRONG
City Court Judge of Mount Vernon
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