August 6, 2006 he noticed that O’Brien’s car was haphazardly parked along Church Lane

According to a Lawyer this is a case of driving while intoxicated involving minor accident. Robert O’Brien, according to Officer Wenzler who was also the sole witness to everything that happened testified that at about 8:45pm on August 6, 2006 he noticed that O’Brien’s car was haphazardly parked along Church Lane. He also noticed that O’Brien was asleep behind the wheels so he decided to take a closer look to investigate. Upon reaching O’Brien’s car, Officer Wenzler noticed that there was a half empty bottle of Smirnoff vodka in between O’Brien’s legs. He also noticed a couple of empty cans of Budweiser beer on the car floor, at O’Brien’s feet.

The driver’s window was half opened and upon reaching the driver’s side, Officer Wenzler immediately smelled the strong scent of alcohol from inside the vehicle as well as from O’Brien. He also noticed the strong smell of urine, evident from the soiled pants of O’Brien. Officer Wenzler also noticed that the front bumper of O’Brien’s car appeared to have “touched” the rear bumper of the car immediately in front of O’Brien. Upon inspection, there appear to have no major damage on both cars except from evident scratches and a minor dent on O’Brien’s car.

According to further investigation, a source said that when questioned by Officer Wenzler, O’Brien admitted that he was driving while drinking. Officer Wenzler asked for any identification, as well as license and registration which O’Brien was able to provide only after 5 minutes of looking for his wallet which was all along in the back pocket side of his pants. When O’Brien was asked to step out of his car, it was obvious from the way O’Brien moved while exiting his car that he was very much hung over or possibly still drunk. Further, according to Officer Wenzler, O’Brien had glassy stare and blood shot eyes which is very common to people who are overly intoxicated.

After administering several field sobriety test which O’Brien failed, Officer Wenzler then placed O’Brien under arrest and brought him to the police precinct where he was read his rights. Although there was no sufficient property damage, Office Wenzler said that he placed O’Brien under arrest on grounds of driving while intoxicated which O’Brien willingly admitted. This is not tolerated in Nassau and Suffolk.

This is now where the question and the discussion began. O’Brien and his lawyers are questioning his arrest wherein there was no sufficient amount of property damage other than the few scratches and minor dent that O’Brien’s car and the car immediately in front of him incurred when he tried to park while under the influence of alcohol. During the trial, still according to the Lawyer, there have been many comparison about this case to previous cases in the past which gave the case a lengthy discussion. In the end, the court decided that it will still need further proceedings and ordered both parties to appear in court on May 30, 2007.

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