People v. Mojica, 96 N.Y.2d 226 (2001)
Vehicle and Traffic Law § 1195 (2)(c) establishes a rebuttable presumption that a person with a blood alcohol level between .07% and .10% is not intoxicated, but the prosecution can overcome this presumption with other evidence of intoxication.
Summary
The New York Court of Appeals held that the prosecution was entitled to rebut the statutory presumption in Vehicle and Traffic Law § 1195 (2)(c), which states that a blood alcohol level between .07% and .10% is prima facie evidence of non-intoxication. The defendant was arrested for driving while intoxicated after a breathalyzer test showed a blood alcohol level of .08%. Despite this result, the court found that the accusatory instrument contained sufficient factual allegations, such as the defendant’s erratic driving, physical appearance, failed sobriety tests, and admission of drinking, to establish reasonable cause that the defendant violated Vehicle and Traffic Law § 1192 (3). The case was remitted for further proceedings.
Facts
Defendant was stopped for a traffic infraction (driving without head or tail lights). Upon stopping the vehicle, the arresting officer observed that the defendant had glassy eyes, impaired speech and motor coordination, and smelled of alcohol. The defendant failed four field sobriety tests, including a “Finger Count Test,” in which he could not correctly count his fingers. The defendant admitted to drinking five to six beers before driving and acknowledged that he should not have been operating the vehicle. A breathalyzer test, administered 45 minutes after the stop, indicated a blood alcohol level of .08%.
Procedural History
The defendant was charged with violating Vehicle and Traffic Law § 1192 (3), common-law driving while intoxicated. The County Court reversed the City Court’s decision. The People appealed to the New York Court of Appeals.
Issue(s)
Whether the factual allegations in the accusatory instrument’s supporting documentation, indicating signs of intoxication, are sufficient to allow the People to rebut the presumption established by Vehicle and Traffic Law § 1195 (2)(c) despite a breathalyzer reading between .07% and .10%.
Holding
Yes, because the accusatory instrument contained sufficient factual allegations to establish reasonable cause that the defendant violated Vehicle and Traffic Law § 1192 (3), entitling the People to an opportunity to rebut the presumption at trial.
Court’s Reasoning
The Court of Appeals reasoned that Vehicle and Traffic Law § 1195 (2) (c) establishes a rebuttable presumption, not an absolute bar to prosecution. The court emphasized the importance of considering all evidence presented. In this case, the supporting documentation contained factual allegations sufficient to establish reasonable cause that the defendant violated Vehicle and Traffic Law § 1192 (3). These allegations included: erratic driving (driving without lights), physical manifestations of intoxication (glassy eyes, impaired speech, smell of alcohol), failure of field sobriety tests (including the finger count test), and the defendant’s admission to drinking and acknowledgment that he should not have been driving. The Court explicitly disapproved of People v. Gingello, to the extent that it held to the contrary. The court determined that the People were entitled to an opportunity to rebut the section 1195 (2)(c) presumption at trial, based on the totality of the evidence presented. The Court emphasized, “[e]vidence that there was more than .07 of one per centum but less than .10 of one per centum by weight of alcohol in such person’s blood shall be prima facie evidence that such person was not in an intoxicated condition.”