Cases
In a landmark “DWI” case, Judge Kevin Quaranta conviction of an intoxicated driver was unanimously affirmed by the New York State Appellate Court in People v. Lebrecht (13 Misc 3d 45, Sup. Ct., App. Term, 2nd Dept., July 27, 2006). Quaranta had convicted in part on the basis of certified business records introduced by the District Attorney in support of Defendant’s conviction of the crime of Driving While Intoxicated. In an 11 page opinion, the Appellate Court affirmed Quaranta’s conviction of Lebrecht across the board. The higher court concluded “By virtue of ….. learning and experience, [Quaranta’s
Court] considered only the competent evidence in reaching [its] determination”.
In another case (this case also published by the New York Law Journal on February 14, 2005), Quaranta was credited with calling on the Legislature to change New York’s Vehicle and Traffic Law. A loophole in the law required the acquittal of the Defendant when the District Attorney failed to produce a physician and testimony regarding a blood test. Quaranta reasoned that a certified record regarding the doctor’s ministerial role would otherwise spare the physician from an unnecessary court appearance. The New York Law Journal article was forwarded by our wonderful court staff to Assemblyman Adam Bradley and Senator Vincent Libel for their consideration of the Legislative change recommended by Judge Quaranta.
Since January 2004, when Kevin Quaranta began presiding over DWI cases, additional safeguards have been put in place for the application of laws in our Court. Referring to cases that have been closed by our Court in the last three and a half years, Quaranta has required that any youthful defendant convicted of DWI or DWAI (driving while impaired) attend Mothers Against Drunk Driving (MADD) presentations where the horrific tale of youthful indiscretions unfold in films and in discussions. The MADD presentations are sponsored by the Westchester Department of Probation and carry significant shock value for those unaware of the consequences to their victims in the crime of DWI. Not coincidentally, in the past year, the MADD programs are now required by the Westchester County District Attorney in any DWI plea bargain in our local courts.
Quaranta has been vigilant in assuring that defendants, youthful or otherwise, receive competent and appropriate medical assessment for chemical, alcohol or other impairment leading to Driving While Intoxicated. The lives of citizens using our highways and byways are too precious to leave any stone unturned in the interpretation and application of the law by our Town Judge.
Edited by Mary E. Morrissey, Esq.
Director, Westchester Women’s Bar Association