Procedural Posture:

This matter was transferred to the Town of Lockport Justice Court from the Town of Lewiston Justice Court by order of the Niagara County Court, Judge Sara Sheldon Farkas, dated May 12, 2014, due to recusal requests from both Lewiston Town Justices.

This Court having previously granted Defendant's request for a hearing pursuant to People v Ingle 36 NY2d 413 (1975) and People v Chilton 69 NY2d 928 (1987) held the same on August 7, 2014.

Parties Positions:

People assert Lewiston Police Officer (LPO), Matthew Grainge had probable cause to stop the defendant on Driving While Intoxicated charges because the defendant violated Section 1128 (a) of the Vehicle and Traffic Law. People state LPO Matthew Grainge also observed other vehicle and traffic law violations but did not write the defendant for the same.

Defendant asserts LPO Grainge had no reason to pull her over. VTL Section 1128 (a) was not applicable. Therefore there was no basis to stop her and any reasons given by Grainge for the stop were pretextual in nature or a mistake of law.